Specialised Chicken Services Pty Ltd (Migration)

This matter concerned an appeal by Specialised Chicken Services Pty Ltd against a decision to refuse the approval of a nominated position under the Direct Entry stream of the Employer Nomination scheme. The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994.

The legal issues before the Tribunal included whether the nominator was actively and lawfully operating a business in Australia, and whether the nominator had the financial capacity to employ the nominee for at least two years in the nominated position. The Tribunal also considered whether the applicant had identified a genuine need for the nominated position of Sales and Marketing Manager.

The Tribunal found that while the application technically met the requirement of identifying a need for the nominated position, it was not satisfied that the nominator was actively and lawfully operating a business in Australia, as the most recent financial statements provided were from the 2016/17 financial year. Furthermore, the Tribunal lacked current evidence to demonstrate the nominator's financial capacity to pay the proposed salary for at least two years, with the accountant's letter being nearly three years old. Consequently, the Tribunal affirmed the decision under review to refuse the nomination.