Rahshi Group Pty Ltd Atf Rahshi Family Trust (Migration)

The Administrative Appeals Tribunal considered a nomination dispute involving Rahshi Group Pty Ltd Atf Rahshi Family Trust. The core of the disagreement concerned whether the applicant met the requirements for approval under the Direct Entry nomination stream as stipulated in regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was tasked with determining if all the criteria outlined in regulation 5.19(4) had been satisfied by the applicant for the nomination to be approved. This involved a comprehensive review of the evidence presented by both the applicant and the Department of Home Affairs, encompassing various documents related to the business operations, employment terms, and the nominee's qualifications.

In its reasoning, the Tribunal meticulously examined the evidence against each sub-regulation of 5.19(4). The applicant provided extensive documentation, including award extracts, ANZSCO classifications, salary evidence, employment contracts, business registration details, financial statements, activity statements, and franchise agreements. The Tribunal also considered evidence relating to the nominee's employment and the applicant's business structure and operations. After considering all the presented material, the Tribunal concluded that the requirements for approval of the nomination were met. Consequently, the Tribunal set aside the original decision and substituted it with a decision approving the nomination.