Gami Chicken Pty Ltd (Migration)

This matter concerned an application by Gami Chicken Pty Ltd for approval of a nomination under the Temporary Residence Transition stream of the Migration Regulations 1994. The core dispute revolved around whether Gami Chicken Pty Ltd met the requirements for approving the nomination, particularly concerning its financial capacity to employ the nominee for at least two years and whether the business was actively and lawfully operating in Australia. The decision was made by Member Mary Sheargold.

The legal issues before the Tribunal were whether the applicant satisfied all the requirements of regulation 5.19(3) of the Migration Regulations 1994 for the approval of the nomination. This included assessing the applicant's financial capacity, the active and lawful operation of its business, and the terms and conditions of the nominee's employment, including whether it was reasonable to disregard certain training requirements. The Tribunal was required to consider updated financial and business information provided by the applicant, as well as evidence relating to the previous and future employment of the visa holder.

The Tribunal's reasoning focused on the comprehensive documentation provided by Gami Chicken Pty Ltd in response to a request for updated information. This included ASIC extracts, business activity statements, financial statements, a draft profit and loss statement, a letter from the accountant, an organisational chart, the nominee's position description and employment contract, payslips, and PAYG payment summaries. After reviewing this material, the Tribunal determined that the applicant met the requirements of regulation 5.19. Specifically, it was satisfied that the business was actively and lawfully operating and that the financial capacity and employment terms were sufficient. The Tribunal also found it reasonable to disregard certain training requirements in this instance.

Consequently, the Tribunal set aside the original decision under review and substituted a decision approving the nomination.