The Wayup Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a dispute concerning the approval of a nominated position for migration purposes, specifically within the Temporary Residence Transition stream. The applicant, The Wayup Pty Ltd, sought approval for a nominated position of Cook. The decision under review was made by the Tribunal itself.

The primary legal issues before the Tribunal were whether the applicant met the general requirements for approval of the nomination under regulation 5.19(4) and the stream-specific requirements under regulation 5.19(5) of the Migration Regulations 1994 (Cth). Central to these issues was the question of whether there was a genuine need for the nominated position and whether any adverse information was known to the Department of Immigration about the nominator or associated persons, or if such information could reasonably be disregarded.

The Tribunal reasoned that the evidence presented demonstrated that The Wayup Pty Ltd, trading as Degani Bakery Café, was a well-established restaurant with a clear organisational structure and a genuine need for a Cook. The company had been operating for 13 years, employed 28 staff, and had a documented history of employing the nominee, Mr Muhammad Israr Tahir, as a Cook since 1 October 2015. The Tribunal was satisfied that the company had met its obligations regarding employee wages and conditions, and that Mr Tahir had performed his duties satisfactorily. Furthermore, the Tribunal found no adverse information known to Immigration regarding the nominator or any associated person, and it was reasonable to disregard any such information if it existed, in accordance with regulations 1.13A and 1.13B.

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