The Trustee for the Cheema and Jhamb Unit Trust (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning the approval of a nomination under the Direct Entry stream for a Hotel or Motel Manager position. The applicant, The Trustee for the Cheema and Jhamb Unit Trust, sought to have the decision to refuse approval of the nomination set aside. The Tribunal considered evidence including Business Activity Statements, accountant's letters, revised business plans, payslips, and oral testimony from the applicant's directors and the nominee.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for approval of the nomination as stipulated in regulation 5.19(4) of the Migration Regulations 1994. This involved determining if the application was compliant, if the nominator was actively and lawfully operating a business in Australia, if the position was not labour-hire, and if the terms of employment for the visa holder met the specified duration and conditions.

The Tribunal found that the applicant satisfied all the relevant requirements. It was satisfied that the nomination application was in the approved form and identified a genuine need for the nominated position under the applicant's direct control. Evidence, including ASIC registration, financial statements, and an accountant's letter, demonstrated that the applicant was actively and lawfully operating its motel business in regional Victoria. The Tribunal also accepted that the applicant did not engage in labour hire activities. Furthermore, the Tribunal was satisfied, based on documentary and oral evidence, that the nominee would be employed full-time for at least two years, with no express exclusion of an extension to the employment period, and that the nominee had been engaged with the business since October 2018.

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