Romagna Mia Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a nomination application made by Romagna Mia Pty Ltd, an Italian restaurant operating in Dunsborough, Western Australia. The dispute concerned whether the applicant met the requirements for approval of a nominated position under the Direct Entry nomination stream, specifically concerning financial capacity and the genuine need for the role. The decision was made by Member Nicola Findson.

The Tribunal was required to determine if Romagna Mia Pty Ltd satisfied all the criteria stipulated in regulation 5.19(4) of the Migration Regulations 1994. This included assessing whether the applicant had the financial capacity to offer the nominated employee terms and conditions no less favourable than those provided to Australian citizens or permanent residents performing equivalent work, whether there was a genuine need for the position, and whether the position could not be filled by a local Australian resident. The Tribunal also had to consider whether there was any adverse information known to Immigration about the nominator and whether the nominator had a satisfactory record of compliance with workplace relations laws.

The Tribunal's reasoning focused on the evidence presented, particularly the additional documentation submitted by the applicant prior to the hearing. This included updated financial statements, payroll records, an amended employment contract, and a job description. The Tribunal found that the applicant had demonstrated sufficient financial capacity and a genuine need for a full-time Cook, noting the difficulty in finding suitable local candidates. It also addressed concerns regarding a previous employee's departure, concluding that it was reasonable to disregard this information given the circumstances and the applicant's status as an approved business sponsor. The Tribunal was satisfied that the applicant met the requirements of regulation 5.19(4), including those relating to the location of the business, the genuine need for the position, and the inability to fill it locally.

Consequently, the Tribunal set aside the original decision to refuse the nomination and substituted a decision approving the nomination.