S.E. & Sons Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered a decision to refuse the nomination of Mr Karamjit Singh Nijjer by S.E. & Sons Pty Ltd under the Temporary Residence Transition stream of the employer nomination scheme. The applicant, S.E. & Sons Pty Ltd, operates a mechanical repair business and had nominated Mr Nijjer for the position of facilities manager.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for approval of the nomination under regulation 5.19(3) of the Migration Regulations. This included assessing the applicant's financial viability, the nominee's employment status, and the employer's compliance with training benchmarks.

The Tribunal affirmed the decision to refuse the nomination. It found that the applicant had not demonstrated financial viability, noting that the director was heavily involved in a separate taxi business and his wife handled administrative duties for that enterprise. Furthermore, the Tribunal considered that the nominee would not be employed on a full-time basis for at least two years in the nominated position. While the applicant argued that recent legislative changes exempted them from certain training obligations, the Tribunal clarified that its review was not confined to the specific issues considered by the original delegate. The Tribunal also noted that the applicant had not provided sufficient evidence to satisfy the Tribunal that the nominee would be employed full-time in the nominated position for at least two years.

The Tribunal affirmed the decision under review to refuse the nomination.