H R Singhs Pty Ltd (Migration)

This matter concerned an appeal by H R Singhs Pty Ltd against a decision to refuse the approval of a nominated position under the Direct Entry nomination stream. The applicant sought to nominate a position for a cook.

The primary legal issues before the Tribunal were whether the nominator was actively and lawfully operating a business in Australia, and whether the nominator had the financial capacity to employ the nominee for at least two years full-time, as required by regulations 5.19(4)(b) and 5.19(4)(d) of the Migration Regulations 1994. The Tribunal also considered the requirements relating to the genuine need for the position and the tasks involved under regulation 5.19(4)(h).

The Tribunal affirmed the decision to refuse the nomination. It noted that the applicant had not responded to an invitation to provide updated evidence of its current operations and financial position, with the most recent documentation dating back to July 2016. In the absence of current information, the Tribunal was not satisfied that the nominator was actively and lawfully operating a business or had the financial capacity to employ the nominee for the required period. Consequently, the requirements of regulations 5.19(4)(b) and 5.19(4)(d) were not met.

The Tribunal concluded that the applicant had failed to satisfy the necessary criteria for the approval of the nomination under the Direct Entry stream. Accordingly, the decision under review to refuse the nomination was affirmed.