Royal Tandoori Trust (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Royal Tandoori Trust concerning the approval of a nominated position under the Direct Entry stream for a Café or Restaurant Manager. The dispute centred on whether the nominator met the requirements for approving the nominated position, particularly regarding future employment and financial capacity to pay salaries, as stipulated by the Migration Regulations 1994.

The Tribunal was required to determine if the nominator satisfied the general requirements for approval under reg 5.19(4) and the stream-specific requirements for the Direct Entry stream under reg 5.19(9). This involved assessing compliance with various regulatory provisions, including the application process, mandatory licensing, satisfactory employment law compliance, training contribution debts, and whether the nominator was actively and lawfully operating a business in Australia.

The Tribunal's reasoning involved a detailed examination of the evidence provided, including financial statements, BAS documentation, and ABN lookup data. It found that the nominator met the requirements of reg 5.19(4)(a), (c), (d), and (da), noting the absence of mandatory licensing for the occupation and a satisfactory record of compliance with employment laws. Crucially, the Tribunal was satisfied that the nominator was actively and lawfully operating a business, supported by extensive financial documentation and ASIC registration details, thus meeting reg 5.19(9)(a).

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