Shree Venktashwarra Chetty (Migration)

The Administrative Appeals Tribunal considered a nomination application made by Shree Venktashwarra Chetty for a Carpenter position under the Direct Entry stream. The dispute centred on whether Mr. Chetty met the requirements for the approval of this nomination, specifically concerning the future employment of the nominee.

The Tribunal was required to determine if Mr. Chetty had satisfied the general requirements for nomination approval under regulation 5.19(4) and the stream-specific requirements under regulation 5.19(9) of the Migration Regulations 1994. A key issue was whether the nominee would be employed on a full-time basis in the nominated position for at least two years, as stipulated by regulation 5.19(9)(e), and whether the nominator had the financial capacity to pay the proposed salary.

The Tribunal noted that no documentation was provided with the initial nomination application or in support of the review application. Despite being invited to provide updated information, Mr. Chetty failed to submit evidence demonstrating his business operations in Australia or its financial circumstances, such as Tax Returns or Financial Statements. Consequently, the Tribunal was not satisfied that Mr. Chetty had demonstrated the financial capacity to pay the nominee's proposed salary of $55,328 per annum for the required two-year period. As Mr. Chetty did not meet the requirements of regulation 5.19(9)(e), and had not sought to satisfy criteria for other streams, the Tribunal concluded that the nomination could not be approved.

Accordingly, the Tribunal affirmed the decision under review to refuse Mr. Chetty's nomination application.