RJV Enterprises Pty Ltd ATF Kataria Family Trust (Migration)

This matter concerned an application by RJV Enterprises Pty Ltd ATF Kataria Family Trust for approval of a nomination for a Subclass 187 (Regional Sponsored Migration Scheme) visa in the Direct Entry stream. The applicant nominated the occupation of Café or Restaurant Manager. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the applicant met the general requirements for approval of the nomination under regulation 5.19(4) and the stream-specific requirements under regulation 5.19(9) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the tasks of the nominated position corresponded to the tasks of an occupation specified in a legislative instrument in force at the time the application was made, as required by regulation 5.19(12)(d). This requirement is a condition precedent for the approval of a nomination for a Subclass 187 visa in the Direct Entry stream. The Tribunal also considered whether the applicant had provided sufficient information to satisfy this requirement, particularly in light of an invitation from the Tribunal for further information regarding the nominated position's roles and duties.

The Tribunal noted that the delegate had previously refused the nomination on the basis that the nominated tasks did not correspond to the specified occupation. Despite being invited by the Tribunal to provide detailed information about the position, including job descriptions, work samples, and organisational charts, the applicant failed to respond. The Tribunal applied regulation 5.19(12)(d), which mandates that the tasks of the nominated position must correspond to those of an occupation specified in a legislative instrument. Given the lack of response from the applicant to the Tribunal's request for information, the Tribunal was not satisfied that this requirement, nor potentially others, had been met.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination.