Trustee for Vasantha & Panbu Family Trust (Migration)

The Administrative Appeals Tribunal, constituted by Senior Member R. Skaros, considered a review of a decision to refuse the nomination of a position under the Direct Entry stream of the Employer Nomination scheme. The applicant, Trustee for Vasantha & Panbu Family Trust, sought approval for a nominated position as a Café or Restaurant Manager. The core of the dispute revolved around the applicant's financial capacity to maintain the nominated employee for the required term and the terms and conditions of employment.

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. Specifically, the Tribunal needed to be satisfied that the nominated employee would be employed full-time for at least two years and that the terms and conditions of employment were no less favourable than those offered to an Australian citizen or permanent resident in an equivalent role.

The Tribunal's reasoning focused on the applicant's failure to respond to a request for updated and current information regarding its financial circumstances and the nominated position's employment terms. Despite being invited to provide documents such as recent tax returns, financial statements, and employment contracts, the applicant provided no such information. Consequently, the Tribunal was unable to be satisfied that the applicant met the criteria under regulation 5.19(4)(d)(i) regarding the duration of employment and regulation 5.19(4)(e) concerning the terms and conditions of employment.

The Tribunal affirmed the delegate's decision to refuse the nomination. The applicant's failure to provide the requested information meant that the Tribunal could not be satisfied that the requirements of regulation 5.19(4) were met at the time of the decision.