THE TRUSTEE FOR PANPAL UNIT TRUST (Migration)

The applicant, THE TRUSTEE FOR PANPAL UNIT TRUST, sought approval for the nomination of a Café or Restaurant Manager position. The delegate had refused the nomination, finding that the applicant had not demonstrated a genuine need for a paid employee in the nominated position and that the nominee did not possess the required scope of responsibility and level of authority. The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination under the Direct Entry nomination stream, specifically r.5.19(4) of the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the applicant had satisfied the criteria under r.5.19(4), particularly concerning the genuine need for the nominated position and the scope of responsibility and authority associated with it. The Tribunal had invited the applicant to provide updated and current information regarding these requirements, including examples such as local job advertisements and a Regional Certifying Body’s certificate. The applicant failed to provide any of the requested information.

The Tribunal reasoned that it must be satisfied that all relevant criteria are met at the time of its decision. In the absence of any updated or current information from the applicant, the Tribunal was unable to be satisfied that there was a genuine need to employ a paid employee in the nominated position, nor that the nominee possessed the requisite scope of responsibility and level of authority. Consequently, the Tribunal concluded that r.5.19(4)(h)(ii)(B) was not met. The Tribunal also noted that the applicant had not sought to satisfy the criteria in the Temporary Residence Transition Nomination stream, thus failing to meet the requirements of r.5.19(3).

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