F T FOWLER & T B FOWLER (Migration)

This matter concerned an application by F T Fowler & T B Fowler (the applicant) for approval of a nomination for a position as a Cook under the Temporary Residence Transition stream. The Administrative Appeals Tribunal was required to determine whether the applicant met the general requirements for approval of a nomination under reg 5.19(4) and the stream-specific requirements under reg 5.19(5) of the Migration Regulations 1994.

The primary legal issues before the Tribunal were whether the applicant had demonstrated a genuine need for the nominated person to be employed as a Cook, as required by reg 5.19(5)(k), and whether the applicant had satisfied the general requirement under reg 5.19(4)(e) that the stream-specific requirements be met. The Tribunal also considered the requirements relating to future employment under regs 5.19(5)(l), (m), and (n).

The Tribunal found that while the applicant had identified a need for the nominee to be employed under its direct control, satisfying reg 5.19(5)(j), it was not satisfied that this need was genuine. This conclusion was based on the applicant's failure to provide current information regarding its financial situation, operational status, organisational structure, staffing levels, and scope of operations, despite being invited to do so. Consequently, the Tribunal found that reg 5.19(5)(k) was not met, which in turn meant that reg 5.19(4)(e) was also not met.

As the applicant failed to satisfy a critical requirement of the nomination process, the Tribunal affirmed the decision under review to refuse the nomination.