Punjabii By Nature Pty Ltd (Migration)

This matter concerned an appeal by Punjabii By Nature Pty Ltd against a decision not to approve its nomination of Bhavjot Singh for the occupation of Cook (ANZSCO 351411). The applicant operates an Indian restaurant and had previously employed Mr Singh as a Cook at its Berwick premises. However, Mr Singh’s employment ceased when the applicant’s nomination application was refused, and his visa conditions prevented him from working. He was subsequently re-employed at the applicant’s Springvale restaurant due to staff shortages. The Tribunal was required to determine whether the applicant met the criteria for the approval of its nomination.

The primary legal issues before the Tribunal were whether the nominated position was genuine and whether the applicant had the financial capacity to employ the nominee. The Tribunal considered the evidence presented, including statements from Mr Sehmi, the restaurant manager, and draft financial statements for the 2021 financial year. Discrepancies were noted regarding the location of employment in the nomination application and the actual place of work. Furthermore, the Tribunal questioned the applicant's financial capacity, particularly in light of the wage and salary expenditure figures provided and the manager's lack of knowledge regarding total salary payments.

The Tribunal applied the criteria set out in Regulation 2.72 of the Migration Regulations 1994, specifically focusing on the genuineness of the position and the employer's financial capacity. The evidence indicated that the nominee's employment had ceased and then recommenced, and there were inconsistencies in the provided financial information, including wage and salary expenditure. The Tribunal found that the applicant had not satisfied the Tribunal that the position was genuine or that it had the financial capacity to employ the nominee.

Consequently, the Tribunal affirmed the decision not to approve the nomination.