The Trustee for the Jimmink & Josephs Family Trust (Migration)

The Trustee for the Jimmink & Josephs Family Trust (the applicant) sought review of a decision concerning a nomination under the Direct Entry stream. The dispute centred on whether the applicant met the requirements for approving the nomination, specifically in relation to the genuineness of the nominated position as a Cook, the applicant's financial capacity to employ the nominee full-time for at least two years, and whether the tasks of the nominated position corresponded to the specified occupation. The matter was heard by Terrence Baxter.

The court was required to determine if the applicant satisfied the criteria set out in regulation 5.19(4) of the Migration Regulations 1994. This involved assessing whether the nominated position was genuine, whether the applicant had the financial capacity to employ the nominee for the required period, and whether the tasks associated with the position aligned with the occupation of Cook as defined by the Australian and New Zealand Standard Classification of Occupations (ANZSCO). Additionally, the court considered whether there was any adverse information known to the Department of Home Affairs and whether the applicant had a satisfactory record of compliance with workplace relations laws.

The court reasoned that the applicant had provided sufficient evidence to demonstrate compliance with the relevant regulations. This included financial statements, trust tax returns, updated organisational charts, an updated employment contract, and evidence of the tasks performed by the nominee. The court found that the applicant operated a lawful business in Australia and that the tasks of the nominated position corresponded to the specified occupation of Cook (ANZSCO code 351411). Furthermore, the court was satisfied that there was no adverse information known to the Department and that the applicant had a satisfactory record of compliance with workplace relations laws.

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