John P & Kamaljit Singh (Migration)

This matter concerned an application for approval of a nomination under the Direct Entry stream of the *Migration Regulations 1994*. The applicants, John P and Kamaljit Singh, operated a pig and sheep rearing business and a butchery business. The dispute arose from the refusal of their nomination, which they sought to have reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicants met all the requirements for the approval of their nomination under regulation 5.19(4) of the *Migration Regulations 1994*. This involved assessing whether the nominated position was genuine, whether the business was actively and lawfully operating, and whether the tasks of the position corresponded to an occupation specified by the Minister. The Tribunal also considered the impact of environmental factors, such as drought, and business restructures on the applicants' operations.

The Tribunal affirmed the decision to refuse the nomination, finding that the applicants had not satisfied the criteria under regulation 5.19(4). While the applicants had provided updated financial information and explained business restructures due to drought and other economic factors, the Tribunal was not satisfied that all requirements were met. The decision noted that the applicants had not sought to satisfy the criteria under the Temporary Residence Transition Nomination stream, and therefore, the nomination could not be approved.