GREWAL DISCRETIONARY TRUST (Migration)

The Administrative Appeals Tribunal considered a dispute concerning the approval of a nomination for a visa under the Temporary Residence Transition stream. The applicant, a blueberry farmer in Northern New South Wales, sought approval of its nomination for a crop farmer position. The nominee, who had previously held a Subclass 457 visa, had ceased employment with the applicant.

The primary legal issue before the Tribunal was whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(3) of the Migration Regulations 1994. This regulation mandates that all requirements must be met for a nomination to be approved. The Tribunal also considered whether the applicant had provided sufficient information to satisfy the criteria outlined in regulation 5.19(4), which the applicant had not sought to do.

The Tribunal's reasoning focused on the applicant's failure to provide essential corroborating information and documents. Despite invitations from the Tribunal to supply details regarding the nominee's roles and duties, how they corresponded to the nominated occupation's description in ANZSCO, and evidence of the nominee's employment history, the applicant failed to do so. The Tribunal noted that the applicant had not attempted to satisfy the criteria under regulation 5.19(4).

Consequently, the Tribunal concluded that the nomination of the position could not be approved due to the lack of required information and the applicant's failure to meet the relevant regulatory criteria. The Tribunal affirmed the decision under review to refuse the nomination.