Romagna Mia Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a nomination application made by Romagna Mia Pty Ltd, an Italian restaurant in Dunsborough, Western Australia, for the position of Café or Restaurant Manager. The original delegate had refused to approve the nomination, finding that the applicant had not demonstrated sufficient financial capacity to meet the terms and conditions of employment for at least two years, as required by regulation 5.19(4)(d)(i) of the Migration Regulations 1994.

The Tribunal was required to determine whether Romagna Mia Pty Ltd met all the requirements for approval of the nomination under the Direct Entry nomination stream, specifically focusing on whether the applicant had provided sufficient evidence of financial capacity, had a satisfactory record of compliance with workplace relations laws, and whether there was a genuine need for the nominated position that could not be filled by a local Australian resident. The Tribunal also had to consider whether any adverse information known to Immigration about the nominator was reasonable to disregard.

In its reasoning, the Tribunal noted that the applicant had provided substantial additional and updated evidence prior to the hearing, including financial statements, payroll details, an amended employment contract with an increased salary, and a detailed submission explaining the business operations and the genuine need for the position. The Tribunal found that the provided financial documentation, along with the amended contract, satisfied the financial capacity requirements. It also determined that there was no evidence to suggest a lack of satisfactory compliance with workplace relations laws. Regarding adverse information, the Tribunal considered a concern about a previous employee's departure, but found it reasonable to disregard this given the circumstances and the applicant's status as an approved business sponsor. The Tribunal concluded that the evidence demonstrated a genuine need for the position in regional Australia, which could not be filled locally, and that the tasks corresponded to an eligible occupation.

Consequently, the Tribunal set aside the delegate's decision and substituted a decision approving the nomination.