Makin Dough Pty Ltd T/A Bakers Delight (Migration)

The Administrative Appeals Tribunal (AAT) considered a case involving Makin Dough Pty Ltd, trading as Bakers Delight, which sought approval for a nomination under the Direct Entry stream. The dispute centred on the refusal of this nomination by the Department of Home Affairs. The Tribunal, presided over by Member Ian Berry, was tasked with reviewing this refusal.

The primary legal issue before the Tribunal was whether Makin Dough Pty Ltd met the requirements for approval of a nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had provided sufficient evidence regarding the financial situation of the business, the genuine need for the proposed employee, and the specific tasks to be undertaken by the nominee in the position of Retail Manager.

The Tribunal affirmed the decision to refuse the nomination, finding that the applicant had not satisfied all the necessary criteria under regulation 5.19(4). A key deficiency identified was the failure to provide details of the tasks the nominee would perform, which is a requirement under regulation 5.19(4)(h). While the applicant provided financial statements, these were deemed insufficient to establish a genuine need for the employee. The Tribunal noted that the applicant had not sought to satisfy the criteria under the Temporary Residence Transition Nomination stream, further contributing to the non-compliance with the Direct Entry nomination requirements.