G & G GROUP PTY LTD (Migration)

This matter concerned an appeal by G & G Group Pty Ltd against a decision to refuse its nomination for a position under the Direct Entry stream of the Migration Regulations 1994. The core of the dispute revolved around whether the company had demonstrated a genuine need for the nominated employee and whether the business was financially viable to sustain the employment. The case was heard by Stavros Georgiadis, a Member of the Tribunal.

The Tribunal was required to determine if the applicant met the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether the nominator had identified a genuine need to employ a paid employee for at least two years, whether the business was lawfully operating and financially capable of sustaining the employment, and whether the terms and conditions of employment met the regulatory standards.

The Tribunal affirmed the decision to refuse the nomination. It found that the applicant had not sufficiently demonstrated a genuine need for the nominated position. While two employment contracts were presented, one dated 12 June 2015 and another 28 December 2015, the applicant could not adequately explain the existence of two separate contracts. Furthermore, the Tribunal noted the company's payroll expenditure of $188,130 in the 12 months prior to the nomination application, in the context of five staff members, and questioned its capacity to sustain the proposed employment. The Tribunal concluded that the applicant had not satisfied the requirements of regulation 5.19(4).