Zamlod Pty. Ltd. (Migration)

The Administrative Appeals Tribunal considered an application by Zamlod Pty. Ltd. for the approval of a nomination under the Direct Entry stream of the Migration Regulations 1994. The dispute concerned whether Zamlod Pty. Ltd. met the requirements to employ a nominee for the position of Chef, specifically regarding its financial capacity and the genuine need for the position. The decision was made by Member Terrence Baxter.

The primary legal issue before the Tribunal was to determine if Zamlod Pty. Ltd. satisfied all the criteria stipulated in regulation 5.19(4) of the Migration Regulations 1994 for the approval of a nominated position. This involved assessing whether the applicant had the financial capacity to employ the nominee for at least two years, whether the terms and conditions of employment were appropriate, and whether there was a genuine need for the position, particularly in light of the COVID-19 pandemic's impact on the business and the specific duties of the Chef role.

The Tribunal affirmed the decision to refuse the nomination. The reasoning focused on the applicant's failure to meet several requirements of regulation 5.19(4). While the applicant provided financial statements and activity statements, the Tribunal found that these did not sufficiently demonstrate the financial capacity to employ the nominee for the required period. Furthermore, the Tribunal considered the nature of the business, described as a cafe operating during daylight hours, and the duties of a Chef, concluding that the evidence did not establish a genuine need for such a position within the business's operational context. The Tribunal also noted advice from the Regional Certifying Body that the nomination did not satisfy specific requirements related to employment terms and conditions and the ability to fill the position locally.