KRISHNA KANT PTY LTD ATF THE TRUSTEE FOR THE DNP TRUST (Migration)

This matter concerned an application for approval of a sponsorship nomination under the Direct Entry nomination stream, brought before the Tribunal by KRISHNA KANT PTY LTD ATF THE TRUSTEE FOR THE DNP TRUST. The dispute centred on whether the applicant company met the requirements of regulation 5.19(4) of the Migration Regulations 1994 for the approval of the nominated position.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied all the criteria stipulated in regulation 5.19(4) for the approval of the nomination. This included assessing whether the application was made in the approved form, whether there was a genuine need for a paid employee under the nominator's direct control, whether the business was lawfully operating, and crucially, whether the nominated position was located in regional Australia and could not be filled by a local Australian citizen or permanent resident. The Tribunal also considered requirements relating to the nominator's compliance with workplace relations laws and the absence of adverse information known to Immigration.

The Tribunal's reasoning focused on a detailed examination of the evidence provided by the applicant against each subregulation of 5.19(4). It was satisfied that the application was compliant in form and fee, and that the applicant company, operating multiple restaurants on the Sunshine Coast, demonstrated a genuine need for a Restaurant Manager. The Tribunal found that the nominated position was located in regional Australia, specifically Caloundra (postcode 4551), and that the applicant had provided evidence suggesting difficulty in filling the role with local talent, satisfying the requirement that the position could not be filled by an Australian citizen or permanent resident living in the same local area. Furthermore, the Tribunal was satisfied that the nominator had a satisfactory record of compliance with workplace relations laws and that no adverse information was known to Immigration.

Consequently, the Tribunal set aside the original decision under review and substituted a decision approving the nomination.