L PETROVSKI & B SINGH (Migration)

This matter concerned an application for approval of a nomination for a visa in the Temporary Residence Transition stream, brought before the Tribunal by L Petrovski and B Singh. The core dispute revolved around whether the applicant met the general and stream-specific requirements for nomination approval under regulation 5.19 of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant satisfied the requirements of regulation 5.19(4) and, specifically for the Temporary Residence Transition stream, regulation 5.19(5). Key issues included whether there was a genuine need for the nominated position, as stipulated by regulations 5.19(5)(j) and (k), and whether the applicant had provided sufficient current information to demonstrate this need, particularly in light of the nominated occupation not being listed in IMMI 19/212.

The Tribunal found that while regulation 5.19(5)(j) was met, as the applicant had identified a need for the nominee to be employed under their direct control, regulation 5.19(5)(k) was not satisfied. This was due to the applicant's failure to provide current information regarding its financial situation, operational status, organisational structure, staffing levels, and scope of operations, despite being requested to do so. Consequently, the Tribunal was not satisfied that a genuine, current need for a Café or Restaurant Manager had been demonstrated. This failure also meant that regulation 5.19(4)(e) was not met.

Accordingly, the Tribunal affirmed the decision under review to refuse the nomination.