Khattra Industries Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Khattra Industries Pty Ltd concerning the approval of a nomination for a position. The dispute centred on whether the applicant met the criteria for approving the nomination, specifically in relation to the nominated occupation of Cook under the Short-term stream. The decision was made by Member Wan Shum.

The legal issues before the Tribunal were whether the nominated position was genuine and full-time, and whether the applicant had complied with the employment contract requirements under the Migration Regulations 1994. Specifically, the Tribunal had to determine if the position associated with the nominated occupation met the criteria of being genuine and full-time, and if the applicant had provided a copy of a signed employment contract as required by regulation 2.72(11).

The Tribunal reasoned that the applicant had failed to provide sufficient information regarding the business operations or evidence that the nominated position was full-time or still available, thus not satisfying regulation 2.72(10). Furthermore, as the nominated occupation of Cook was not specified in the relevant instrument, regulation 2.72(11) required the applicant to provide a copy of a signed employment contract between the employer and the nominee. The Tribunal found that this requirement had not been met. Consequently, the Tribunal was not satisfied that the applicant had met the applicable criteria for the nomination to be approved.

The Tribunal affirmed the decision under review to refuse the nomination.