Steven Medak ATF Medak Trust (Migration)

The Administrative Appeals Tribunal reviewed a decision to refuse the approval of a nominated position under the Direct Entry stream of the Employer Nomination scheme. The applicant, Steven Medak ATF Medak Trust, sought approval for a nominated position as a Café or Restaurant Manager. 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 primary legal issue before the Tribunal was whether the applicant had demonstrated a genuine need for the nominated position, as required by regulation 5.19(4)(h)(i)(AA). The Tribunal had invited the applicant to provide updated and current information addressing all relevant criteria, including the genuine need for the position, but received no response. The Tribunal noted that the delegate had refused the nomination on this ground, as no claims or evidence had been provided regarding the genuine need for a Café or Restaurant Manager.

The Tribunal reasoned that as no updated information was provided by the applicant in response to its invitation, it was unable to be satisfied that all the relevant criteria were met at the time of its decision. Specifically, the Tribunal could not be satisfied that there was a genuine need for the nominator to employ the nominee as a Café or Restaurant Manager, and therefore, the requirement in regulation 5.19(4)(h)(i)(AA) was not met. The Tribunal also noted that the applicant had not sought to satisfy the criteria for the Temporary Residence Transition Nomination stream.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination.