KUMAR HOSPITALITY PTY LTD (Migration)

This matter concerned an application by Kumar Hospitality Pty Ltd for approval of a nomination of a position under the Direct Entry nomination stream. The delegate had refused the nomination, finding that the applicant had not satisfied the requirements of regulation 5.19(4)(d)(i) of the Migration Regulations 1994, specifically that the nominee would be employed full-time in the nominated position for at least two years. The Administrative Appeals Tribunal was required to determine whether the applicant met the requirements for approval of the nomination.

The Tribunal was required to consider whether the applicant had provided sufficient evidence to satisfy the Tribunal that the nominee would be employed on a full-time basis for at least two years, and that the terms and conditions of employment would be no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work. The Tribunal had invited the applicant to provide updated and current information regarding its financial capacity, the nominated position's roles and duties, and the terms and conditions of employment.

The Tribunal noted that the applicant failed to respond to its invitation to provide updated information. Consequently, the Tribunal was unable to be satisfied that the applicant met the requirements of regulation 5.19(4)(d)(i) or (e). As all requirements of regulation 5.19(4) must be met for a nomination to be approved, and the applicant had not provided the necessary information to satisfy these criteria, the Tribunal affirmed the delegate's decision to refuse the nomination.