R S & G Singh Pty Ltd (Migration)

This matter concerned an application by R S & G Singh Pty Ltd for approval of an employer nomination for the position of Restaurant Manager, under the Direct Entry nomination stream. The applicant operates an Indian cuisine restaurant in Innisfail, Queensland. The delegate had refused the application, finding that the applicant had not demonstrated a need to employ a paid employee to work in the nominated position under their direct control, as required by regulation 5.19(4)(a)(ii) of the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant met all the requirements for approval of the nomination under regulation 5.19(4). Specifically, the Tribunal had to consider whether the applicant had demonstrated a genuine need for a paid employee to work in the nominated position under their direct control, and whether there was any adverse information known to Immigration about the nominator or a person associated with the nominator that could not be disregarded.

The Tribunal found that the applicant had provided a more comprehensive suite of evidence than was presented to the delegate, including letters of support from local Members of Parliament and detailed written submissions. Based on this evidence, the Tribunal was satisfied that there was a genuine need for the nominator to employ a paid employee to work in the position under their direct control, thus satisfying regulation 5.19(4)(a)(ii). Regarding adverse information, the Tribunal considered allegations of a breach of employer/sponsor obligations noted in a Department of Home Affairs file. However, the applicant stated they were unaware of any such allegations and noted that a previous nomination approval by the Department in 2019 suggested these allegations were not of significant concern. The Tribunal concluded that it was reasonable to disregard this information.

Consequently, the Tribunal set aside the delegate's decision and substituted a decision approving the nomination.