Johnson, Bradley Scott (Migration)

This matter concerned an appeal by Mr Bradley Scott Johnson against the refusal to approve his nomination of a position under the Direct Entry stream of the Employer Nomination scheme. The Administrative Appeals Tribunal was required to determine whether Mr Johnson, as the nominator, met the requirements of regulation 5.19(4) of the Migration Regulations 1994 for the approval of the nominated position.

The Tribunal was tasked with assessing whether the nominated position met the criteria for approval, specifically considering the applicant's business operations and the employment status of the nominee. Key issues included whether the nominator was actively and lawfully operating a business, whether there was a genuine need for a paid employee, and the implications of the nominee withdrawing their own application for review. The Tribunal also had to consider the impact of COVID-19 on the business's trading status and Mr Johnson's current employment situation.

The Tribunal affirmed the decision to refuse the nomination. It found that Mr Johnson's mechanical garage had ceased trading due to COVID-19 and remained closed, with no current active operations. Furthermore, the nominee, Mr Kamaldeep Singh, had withdrawn his application for review, which the Tribunal considered relevant to the assessment of a genuine need for full-time employment for at least two years. The Tribunal concluded that the requirements of regulation 5.19(4) were not met, leading to the affirmation of the original decision.