Punjab Curry House Pty Ltd (Migration)

This matter concerned an application by Punjab Curry House Pty Ltd for approval of a nominated position under the Temporary Residence Transition (TRT) stream of the Regional Sponsored Migration Scheme. The applicant sought approval for a Cook position for Ms Manjit Rani. The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19 of the Migration Regulations 1994.

The central legal issue was whether the evidence provided by Punjab Curry House Pty Ltd satisfied all the criteria stipulated in regulation 5.19(3) for the approval of a TRT nomination. This included assessing the viability and lawful operation of the business, the nominee's employment history and qualifications, and the terms and conditions of the proposed employment. The Tribunal considered various documents, including tax returns, financial statements, employment contracts, and organisational charts, to ascertain compliance with the regulatory framework.

The Tribunal reasoned that the provided tax returns demonstrated a profitable and growing business from 2016 to 2019, and the director, who was employed elsewhere, confirmed the business's operational status. The nominee's employment history, supported by documentation, indicated she had been employed in the nominated position for a period exceeding the regulatory requirement. Crucially, the Tribunal found that the business was actively and lawfully operating in Australia and that the terms of employment for the nominee would be no less favourable than those offered to an Australian citizen or permanent resident in an equivalent role. Consequently, the Tribunal was satisfied that the applicant met the requirements of regulation 5.19.

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