Raw Ingredient Catering Company Pty Ltd ATF the Rawlings Family Trust (Migration)

This matter concerned an application by Raw Ingredient Catering Company Pty Ltd ATF the Rawlings Family Trust for approval of a nomination under the Temporary Residence Transition stream. The applicant sought to nominate a position as a restaurant manager. The core dispute revolved around whether the applicant met the requirements for this nomination, specifically concerning the genuineness of the position and the employer's financial capacity to employ the nominee full-time for a minimum of two years, as well as compliance with training benchmark requirements. The decision was made by Ian Berry Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant satisfied all the requirements stipulated in regulation 5.19(3) of the Migration Regulations 1994 for the approval of the nomination. This included determining if the nominated position was genuine, if the employer had the financial capacity to employ the nominee for the required period, and if the employer had met its training obligations. The Tribunal was required to assess the extensive documentary evidence provided by the applicant, which included financial statements, training contracts, and organisational charts, to ascertain compliance with these regulatory criteria.

The Tribunal's reasoning focused on a detailed examination of the evidence against the requirements of regulation 5.19(3). It found that the applicant had provided sufficient evidence to demonstrate that the position was genuine and that there was a genuine need for the nominator to employ the person in that role. Furthermore, the Tribunal was satisfied that the employer had met its training benchmark obligations and had a satisfactory record of compliance with relevant laws. The Tribunal concluded that all the necessary criteria for the approval of the nomination had been met.

Consequently, the Tribunal set aside the decision under review and substituted a decision approving the nomination.