THE TRUSTEE FOR THE GILL FAMILY TRUST (Migration)

The Administrative Appeals Tribunal (AAT) considered a dispute concerning the approval of a nominated position under the Temporary Residence Transition stream of the Employer Nomination scheme. The applicant, the trustee for the Gill Family Trust, sought review of a decision made by the delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The nominated position was for a Cook.

The primary legal issues before the Tribunal were whether the employer, the Gill Family Trust, had the financial capacity to meet its obligations to the nominated employee, and whether the terms and conditions of employment offered were consistent with those that would be provided to an Australian citizen or permanent resident in a similar role. Specifically, the Tribunal had to determine if the employer's financial performance and its training commitments and obligations were sufficient to satisfy the requirements of the relevant migration regulations.

The Tribunal found that while the employer's initial financial statements indicated a deficit, subsequent financial performance showed a significant improvement. Furthermore, the Tribunal was satisfied that the employer had demonstrated a genuine commitment to training and development for its employees, including the nominated Cook. Applying the principles of the Migration Regulations 1994, the Tribunal concluded that the employer had met the necessary criteria regarding financial capacity and the terms and conditions of employment.

Consequently, the Tribunal set aside the delegate's decision and substituted it with a decision to approve the nominated position.