THE TRUSTEE FOR THAI CULTURE TRUST (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination application made by The Trustee for Thai Culture Trust for the position of Café and restaurant manager under the Temporary Residence Transition stream. The applicant operates two Thai restaurants and lodged the nomination application in favour of Miss Tipwaree Phosang, who is the spouse of the trustee and a secondary applicant on her permanent residency application.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for the approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994. This involved assessing whether the application was made in the approved form, accompanied by the prescribed fee, and included the required written certification regarding conduct contravening s.245AR(1) of the Migration Act 1958. The Tribunal also considered the nominator's operational status, the nominated occupation's alignment with the visa holder's occupation, and the terms and conditions of employment.

The Tribunal found that the application was made in the approved form, accompanied by the prescribed fee, and included the necessary certification. It was satisfied that the nominator was actively and lawfully operating a business in Australia and that the nominated occupation met the criteria. Crucially, the Tribunal determined that the applicant demonstrated sufficient financial capacity to maintain the term of employment, supported by evidence such as bank statements and lease agreements for the restaurant premises.

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