The Trustee for the Hungry Fork Trading Trust (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by The Trustee for the Hungry Fork Trading Trust concerning a nomination for a Café or Restaurant Manager position under the Direct Entry stream. The dispute arose from the Department's decision to refuse the nomination, which the applicant sought to have reviewed by the Tribunal. The core of the matter was whether the applicant had satisfied the requirements for approving the nomination under regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant had provided sufficient evidence to demonstrate a genuine need for the nominated position, whether the business was lawfully operating, and whether all other criteria under regulation 5.19(4) were met. Specifically, the Tribunal needed to assess if the applicant had provided updated and current information as requested, including details about the business's operation, financial circumstances, organisational structure, and the specific duties of the nominated role, as well as the terms and conditions of employment.

In its reasoning, the Tribunal noted that it had requested further information from the applicant on 17 August 2022, including financial statements, business activity statements, and an organisational chart, to assess the genuine need for the position and the lawful operation of the business. The applicant failed to provide this requested information by the stipulated deadline of 31 August 2022, nor did they seek an extension. The Tribunal also observed that the business had not been lawfully operating since its deregistration. Consequently, the Tribunal was not satisfied that the applicant had met the requirements of regulation 5.19(4).

The Tribunal affirmed the decision under review to refuse the nomination.