Tejal Dhanian Pty Ltd (Migration)

This matter concerned an application by Tejal Dhanian Pty Ltd for approval of a nomination under the Direct Entry nomination stream of the relevant migration regulations. The dispute centred on whether the nominating entity met the requirements for approval, specifically concerning the genuineness of the position and the applicant's suitability. The decision was made by the Tribunal.

The Tribunal was required to determine if the applicant met all the criteria stipulated in regulation 5.19(4) of the Migration Regulations 1994 for the approval of the nomination. This involved assessing whether the nominated position was genuine, whether there was a genuine need for the employee, and whether the terms and conditions of employment were appropriate and met legislative requirements, including those relating to salary, recruitment efforts, and compliance with workplace relations laws. The Tribunal also had to consider whether there was any adverse information known to Immigration concerning the nominator.

The Tribunal's reasoning focused on the substantial evidence provided by the nominating entity, which operated a large restaurant. It found that the visa applicant's qualifications and experience aligned with the nominated role of Café or Restaurant Manager. The Tribunal was satisfied that the nominator had undertaken genuine recruitment efforts, including salary research and advertising, and that the nominated salary of $55,000 plus superannuation, along with a performance bonus, was appropriate and equivalent to that offered to Australian workers in similar roles. Furthermore, the Tribunal noted the issuance of a 'Satisfied' Regional Certifying Body Certificate and found no adverse information known to Immigration, nor any evidence of non-compliance with workplace relations laws.

Consequently, the Tribunal set aside the original decision under review and substituted a decision approving the nomination.