Silk Hospitality Pty Ltd (Migration)

Silk Hospitality Pty Ltd sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to approve a nomination for a skilled migration visa. The nomination concerned a position of Housekeeping Manager under the Direct Entry stream, which required the applicant to be employed full-time for a minimum of two years. The primary dispute revolved around whether an updated employment contract, provided after the initial application, satisfied the requirements of the relevant migration regulations.

The Federal Circuit and Family Court of Australia was required to determine whether the updated employment contract, which stipulated a salary of $60,000 per annum and a commencement date of 15 March 2021, met the regulatory requirements for the nominated position. Specifically, the court had to consider whether this updated contract sufficiently demonstrated that the applicant would be engaged in full-time employment for a minimum of two years, as mandated by the relevant legislative instrument.

Her Honour Judge Julian-Armitage found that the updated employment contract, when considered alongside other evidence, did demonstrate the requisite full-time employment for the specified period. The court reasoned that the contract clearly outlined the terms of employment, including the salary and commencement date, which, when viewed in context, satisfied the legislative criteria. Consequently, the court concluded that the decision under review, which had refused to approve the nomination, was affected by an error of law. The court made orders setting aside the decision and remitting the matter to the Minister for reconsideration according to law.