Grace Dms Pty Ltd (Migration)

Grace Dms Pty Ltd sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of a Direct Entry Nomination for a Cafe or Restaurant Manager position. The applicant, Grace Dms Pty Ltd, had nominated an individual for this position under the Employer Nomination scheme.

The central legal issue before the Federal Circuit and Family Court of Australia was whether the AAT had erred in law by affirming the delegate's decision to refuse the nomination. Specifically, the court considered whether the AAT had correctly applied the relevant migration regulations concerning the genuineness of the nominated position and the employer's genuine need for the position, particularly in the absence of a signed contract of employment at the time of the nomination.

Her Honour Judge Malyon found that the AAT had not erred in law. The court reasoned that the AAT was entitled to consider the absence of a signed employment contract as a relevant factor when assessing the genuineness of the nominated position and the employer's genuine need for it. The AAT's conclusion that the employer had not demonstrated a genuine need for the nominated position, based on the available evidence, was open to it. The court affirmed the AAT's decision.