PIZZA HOUSE (NSW) PTY LTD (Migration)

This matter concerned an appeal by PIZZA HOUSE (NSW) PTY LTD (the Company) against a decision to refuse its nomination for a position under the Direct Entry stream of the Employer Nomination scheme. The Tribunal, presided over by Katie Malyon, was required to determine whether the Company met the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the Company had satisfied all the criteria stipulated in regulation 5.19(4) for the approval of an employer nomination. Specifically, the Tribunal had to assess whether the Company had provided sufficient evidence to demonstrate that the nominated employee would be employed on a full-time basis for at least two years, on terms that did not expressly preclude the possibility of an extension, as required by regulation 5.19(4)(d).

The Tribunal's reasoning focused on the Company's failure to provide a copy of the nominee's employment contract, despite being invited to do so by the Tribunal under section 359(2) of the Migration Act 1958. As the Company did not provide the requested documentation or seek an extension, the Tribunal lacked the necessary evidence to be satisfied that the Company would employ the nominee full-time for the minimum two-year period. Consequently, the Tribunal found that the Company had not met the requirements of regulation 5.19(4)(d), and therefore, the nomination could not be approved.

The Tribunal affirmed the decision under review to refuse the nomination.