HUMPHRIS NURSERY PTY LTD ATF HUMPHRIS FAMILY TRUST (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Humphris Nursery Pty Ltd ATF Humphris Family Trust (the applicant) for review of a decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister). The applicant sought to nominate a position for a nurseryperson under the Temporary Residence Transition stream of the subclass 482 (Temporary Skill Shortage) visa. The core of the dispute concerned whether the applicant had demonstrated the financial capacity to employ the nominee for the required two-year period and whether the nominee's training met the specified requirements.

The Tribunal was required to determine two primary legal issues. Firstly, whether the applicant had met the training requirements for the nominated occupation of nurseryperson as stipulated by the relevant legislative instrument. Secondly, the Tribunal had to assess whether the applicant possessed the genuine financial capacity to employ the nominee on a full-time basis for a period of at least two years, as mandated by the migration regulations.

In its reasoning, the Tribunal found that the nominee's training and qualifications adequately met the requirements for the nominated occupation. Crucially, regarding the financial capacity, the Tribunal accepted the applicant's evidence, including financial statements and projections, which demonstrated a capacity to continue employing the nominee full-time for the requisite two-year period. The Tribunal noted that the possibility of extending the nominee's employment beyond the initial two years did not preclude the applicant from meeting the current requirement of demonstrating capacity for that minimum period. Consequently, the Tribunal set aside the Minister's decision.