Hollesc Family Trust & MIJ Family Trust (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning the nomination of a position under the Direct Entry stream. The applicants were Hollesc Family Trust and MIJ Family Trust, which sought approval for a nomination for a chef position. The dispute arose from the delegate's refusal to approve this nomination.

The Tribunal was required to determine whether the applicants met the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal considered whether there was a genuine need for the nominated position, whether the business had the capacity to pay the nominee's salary, and crucially, whether there was any adverse information known to the Department about the nominator that could not be disregarded.

The Tribunal reasoned that the evidence presented, including financial reports, business licenses, and employment contracts, demonstrated a genuine need for the chef position and the capacity to pay the nominee. Regarding adverse information, the Tribunal noted an allegation of the applicant being involved in a cash-for-visa scheme. However, the Tribunal found this allegation to be unsubstantiated, lacking specific details and having not been investigated by the Department. Given that the applicant vigorously denied the allegation and no evidence supported it, the Tribunal concluded it was reasonable to disregard this adverse information.

Consequently, the Tribunal set aside the delegate's decision and substituted a decision approving the nomination.