RK and NK Pty Ltd ATF The Karthikeyan Family Trust (Migration)

This matter concerned an application for approval of a nomination of a position under the Direct Entry stream, brought by RK and NK Pty Ltd ATF The Karthikeyan Family Trust. The applicant sought to nominate a position, but the Tribunal was required to determine whether the requirements of regulation 5.19(4) of the Migration Regulations 1994 were met.

The primary legal issue before the Tribunal was whether the nominated position and the applicant's business satisfied the criteria set out in regulation 5.19(4), specifically concerning the correspondence of the position's tasks to a specified occupation, the genuineness of the need for the position, and the applicant's ability to provide the required information. The Tribunal also considered whether the applicant had provided sufficient and current information to satisfy these criteria, particularly in light of requests for updated documentation and the subsequent sale of the business.

The Tribunal reasoned that for a nomination to be approved under the Direct Entry stream, all requirements of regulation 5.19(4) must be met. The Tribunal noted that the position description provided in the application did not align with the occupation specified in the relevant legislative instrument. Furthermore, the Tribunal observed that the sponsoring business had been sold, meaning the nominated position no longer existed. Despite being granted extensions and opportunities to provide updated information, the applicant failed to do so, instead requesting a hearing. The Tribunal concluded that the applicant had not satisfied the necessary criteria, including those relating to the tasks of the position and the genuine need for it, and therefore the nomination could not be approved.

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