Top Shelf Blokes Pty Ltd (Migration)

This matter concerned an appeal by Top Shelf Blokes Pty Ltd against a decision to refuse a nomination for a Regional Sponsored Migration Scheme employer nomination visa subclass 187 in the Direct Entry Stream. The nomination was for the position of Chef, to be employed at the applicant's Warwick premises. The Tribunal was required to determine whether the applicant met all the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the applicant had satisfied the requirements of regulation 5.19(4)(d)(i), which stipulates that the employee will be employed on a full-time basis in the nominated position for at least two years. The Tribunal also considered its procedural obligations under sections 359AA and 360 of the Migration Act 1958, ensuring the applicant was informed of any information that might lead to the affirmation of the decision and was given an opportunity to respond.

The Tribunal affirmed the decision to refuse the nomination. It found that it could not be satisfied that the nominated employee would be employed on a full-time basis for at least two years, a key requirement under regulation 5.19(4)(d)(i). While the applicant provided a range of documentation, this specific evidentiary threshold was not met to the Tribunal's satisfaction.