MABUZI PTY LTD ATF MABUZI TRUST (Migration)

This matter concerned an appeal by MABUZI PTY LTD ATF MABUZI TRUST against a decision to refuse the approval of an employer nomination. The nominated occupation was for a Sales and Marketing Manager. The core of the dispute revolved around whether the applicant had demonstrated a genuine need for a paid employee in the nominated position, particularly in the context of a new business venture.

The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination under the Direct Entry nomination stream, as set out in regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to assess if the application identified a need for the nominator to employ a paid employee to work in the position under their direct control, and if all other mandatory criteria for nomination approval were satisfied.

The Tribunal affirmed the decision to refuse the nomination. The Member found that the applicant had not satisfied the requirements of regulation 5.19(4), which necessitates the identification of a genuine need for a paid employee. The Tribunal noted that the applicant had not sought to satisfy the criteria under the Temporary Residence Transition Nomination stream, and therefore, the nomination could not be approved. Consequently, the decision under review to refuse the nomination was affirmed.