Koumi P & Maria K & Pieris K & George K Zacharia (Migration)

The parties involved in this matter were Koumi P, Maria K, Pieris K, and George K Zacharia, acting as the nominator, and the Minister for Immigration, represented by the Tribunal. The dispute concerned the approval of a nomination for a Chef position under the Direct Entry stream of the Regional Sponsored Migration Scheme (Subclass 187). The Tribunal was required to determine whether the nominator met all the general requirements for nomination approval under regulation 5.19(4) and the specific requirements for the Direct Entry stream under regulation 5.19(9) of the Migration Regulations 1994.

The Tribunal considered each of the relevant regulations. It found that the application was made in the correct form, identified the position, nominee, occupation, visa subclass, and stream, and was accompanied by the required fee and certification, thus satisfying regulation 5.19(4)(a). Furthermore, there was no adverse information known to Immigration concerning the nominator or associated persons, meeting regulation 5.19(4)(b). The Tribunal also confirmed that no mandatory licensing, registration, or membership was required for a Chef in South Australia at the time of application, satisfying regulation 5.19(4)(c). The nominator demonstrated a satisfactory record of compliance with employment laws, fulfilling regulation 5.19(4)(d). Crucially, for the Direct Entry stream, the Tribunal was satisfied that the nominator was actively and lawfully operating a business in Australia, as evidenced by partnership tax returns and financial statements, thus meeting regulation 5.19(9)(a).

The Tribunal's reasoning focused on assessing the evidence against each regulatory requirement. It found that the nominator, a family partnership trading as Pink Pig Wine Bar, had been operating for a significant period, with a registered ABN and a history of submitting tax returns and business activity statements. This evidence satisfied the Tribunal that the nominator was actively and lawfully operating a business. Having found that all applicable requirements under regulation 5.19 were met, the Tribunal set aside the previous decision under review and substituted a decision approving the nomination.