The Trustee for Chhena Family Trust (Migration)

This matter concerned an appeal by The Trustee for Chhena Family Trust against a decision to refuse the approval of a nominated position under the Direct Entry stream of the Employer Nomination scheme. The applicant, Mr. Abdur Chheena, as the sole Director of A R Chheena Pty Ltd, sought to nominate a Retail Manager position for a visa applicant. The core of the dispute revolved around whether the nominated position and the nominator met the requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was required to determine if the nominated position satisfied the criteria for approval under the Direct Entry nomination stream, specifically focusing on whether the nominator was actively and lawfully operating a business, whether there was a genuine need for the nominated employee, and if the terms and conditions of employment were appropriate. A key consideration was whether the nominator possessed the financial capacity to pay the nominee, particularly in light of a substantial decline in the business's sales turnover and a lack of sufficient documentary evidence to support the nomination.

In reaching its decision, the Tribunal considered the oral evidence provided by Mr. Chheena, noting his candid responses regarding the business's transition from an IGA X-press to the Wyalkatchem General Store and his reasons for sourcing groceries independently to improve profit margins. The Tribunal also reviewed the structure of the business's employment, which included several family members and one external applicant for the Retail Manager role. Ultimately, the Tribunal found that the applicant had not satisfied the requirements of regulation 5.19(4), and as such, the nomination could not be approved.

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