SAVANA GROUP PTY LTD (Migration)

This matter concerned an application by Savana Group Pty Ltd for approval of a nomination under the Direct Entry stream of the Regional Sponsored Migration Scheme. The dispute arose when the Department of Immigration and Border Protection refused to approve the nomination, a decision which was subsequently affirmed by the Administrative Appeals Tribunal (the Tribunal) on review. The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994.

The core legal issues before the Tribunal were whether the nominator had adequately demonstrated a genuine need to employ a paid employee in the nominated position of Café or Restaurant Manager, and whether the nominator had provided sufficient evidence of its financial capacity and operational status. Specifically, the Tribunal considered whether the nominator had established a need for the position, provided evidence of active business operations such as Business Activity Statements and tax returns, and supplied a contract of employment demonstrating the nominee would be employed full-time for at least two years.

The Tribunal affirmed the delegate's decision to refuse the nomination, finding that the applicant had failed to meet the requirements of regulation 5.19(4). Despite being invited by both the Department and the Tribunal to provide further information, including a contract of employment and evidence of business operations, the applicant did not respond. The Tribunal concluded that, on the available evidence, it was not satisfied that the applicant had identified a genuine need for a paid employee or demonstrated the necessary financial capacity and operational compliance. Consequently, the nomination could not be approved.