Henrys Echuca Pty Ltd ATF The Henrys Echuca Trust (Migration)

This matter concerned an application by Henrys Echuca Pty Ltd ATF The Henrys Echuca Trust for approval of a nomination for a Café or Restaurant Manager position under the Direct Entry nomination stream. The applicant operates a family-owned hotel and bistro in Echuca, Victoria, which is a significant tourism area. The core of the dispute revolved around whether the applicant met the requirements for approval of the nomination, particularly in light of potentially adverse information that had come to the attention of the Department of Home Affairs.

The Administrative Appeals Tribunal was required to determine whether the applicant satisfied all the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal needed to assess if there was a genuine need for the nominated position, if the applicant was actively and lawfully operating a business, and crucially, whether there was any adverse information known to Immigration about the nominator or associated persons that could not be reasonably disregarded. The Tribunal also considered the applicant's submissions and additional evidence provided.

The Tribunal found that the applicant's business was compliant with the formal requirements of the application. It also concluded that the applicant met the criteria concerning the size and scope of its operations, its location in regional Australia, and the genuine need for a dedicated manager to oversee its day-to-day activities, including staff management, customer service, and operational planning. Regarding the adverse information, the Tribunal reviewed a certificate issued under s 375A of the Migration Act 1958 and, after considering the applicant's response, determined that it was reasonable to disregard the information in question.

Consequently, the Tribunal set aside the original decision to refuse the nomination and substituted a decision approving the nomination.