Ozkick Australia Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Ozkick Australia Pty Ltd's application for approval of a nomination under the Temporary Residence Transition stream. The dispute centred on whether the applicant, Bluestone 520 Café, met the financial capacity and employment requirements for the nominated position. The Tribunal was tasked with determining if the evidence presented satisfied the criteria outlined in regulation 5.19(3) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominator, Bluestone 520 Café, had demonstrated the financial capacity to pay the full-time salary of $59,000 gross plus superannuation for at least two years, as required by the regulations. This involved assessing the provided employment contracts, the business's operational status, and the applicant's stated intention to retain the nominee in the position. The Tribunal also considered the nominee's employment history and the nature of the duties performed as a Cook.

The Tribunal reasoned that the evidence, including the employment contract dated 3 October 2016 and a subsequent contract dated 6 May 2021 with a salary of $56,500, along with the applicant's commitment to the business and the nominee's role, satisfied the requirements of regulation 5.19(3). The Tribunal found that the nominee had been employed full-time for at least two years and would continue to be employed full-time for at least two years, with terms and conditions no less favourable than those provided to Australian citizens or permanent residents. The Tribunal concluded that all necessary requirements for the approval of the nomination were met.

Consequently, the Tribunal set aside the original decision and substituted a decision approving the nomination.