Major Singh & Rajpal Kaur ATF Preet Family Trust (Migration)

This matter concerned a review by the Tribunal of a decision to refuse the approval of a nominated position under the Direct Entry Nomination stream. The applicant, Major Singh & Rajpal Kaur ATF Preet Family Trust, had nominated a position as a Café or Restaurant Manager. The core of the dispute revolved around whether the applicant had substantiated a genuine need to employ a nominee in the nominated position and whether the applicant possessed the financial capacity to maintain the term of employment.

The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal needed to be satisfied that the applicant identified a need to employ a paid employee in the nominated position under their direct control, as per regulation 5.19(4)(a)(ii), and that the applicant had the financial capacity to employ the nominee for at least two years full-time, as required by regulation 5.19(4)(d).

The Tribunal affirmed the decision to refuse the nomination because the applicant failed to provide updated and current information requested by the Tribunal in response to an invitation issued under section 359(2) of the Migration Act 1958. Without this information, the Tribunal could not be satisfied that the applicant met the criteria for approval at the time of its decision. The Tribunal noted that the applicant had not provided evidence substantiating a need for the nominee as a paid employee, nor had they provided information demonstrating their financial capacity to employ the nominee for the required period. Consequently, the Tribunal was not satisfied that the requirements of regulation 5.19(4)(a) and (d) were met.