La Galleria Ristorante Pty Ltd (Migration)

La Galleria Ristorante Pty Ltd (Migration) concerned an application for approval of a nomination of a position under the direct entry stream of the migration program. The applicant sought to nominate an employee for a position, requiring that the employee had been employed in the nominated position for at least two years. The Administrative Appeals Tribunal had made a decision under review.

The central legal issue before the court was whether the Administrative Appeals Tribunal had erred in its assessment of the applicant's compliance with the requirement for the nominated employee to have been employed in the nominated position for at least two years. Specifically, the court considered the evidentiary weight and sufficiency of the most recent employment contract provided to the Tribunal in satisfying this criterion.

The court reasoned that the Tribunal had failed to properly consider the evidence before it, particularly the most recent employment contract. It was held that this contract, when viewed in conjunction with other evidence, established that the nominated employee had indeed met the two-year employment requirement. The legal principle applied was that administrative tribunals must adequately consider all relevant evidence presented to them when making a determination.

The decision of the Administrative Appeals Tribunal was set aside.