H.S Husna & J.K Husna & R.S Husna & S.K Husna (Migration)

This matter concerned an application for approval of a nominated position under the Direct Entry Nomination stream of the Migration Regulations 1994. The applicants, H.S. Husna, J.K. Husna, R.S. Husna, and S.K. Husna, sought approval for a nominated position as a Primary Product Inspector. The decision-maker was required to determine whether the partnership met the criteria for approval under regulation 5.19(4) of the Regulations.

The primary legal issues before the Tribunal were whether the nominated employee would be employed on a full-time basis for at least two years, and whether the tasks performed in the nominated position corresponded to the tasks specified for that occupation. The Tribunal also considered the financial capacity of the partnership to afford the nominee's wages, although this was not the determinative factor.

The Tribunal affirmed the decision to refuse the nomination. While the Tribunal was satisfied that the partnership had the financial capacity to employ the nominee, it was not satisfied that the nominee would be employed on a full-time basis for the required two-year period. This conclusion was based on the nominee's previous departure from the position to spend time with visiting parents, indicating a potential lack of commitment to the full two-year term. The Tribunal did not make findings on the correspondence of tasks to the nominated occupation, as the failure to meet the employment duration requirement was sufficient to refuse the nomination. Accordingly, the Tribunal affirmed the delegate's decision to refuse the nomination.