1504169 (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision regarding the approval of a nominated position. The applicant, a business operating in accounting and taxation services, sought to have a decision refusing to approve the nomination of an office manager position set aside. The nominee was Ms Patel, and the applicant was represented by a registered migration agent.

The Tribunal was required to determine whether the applicant met the requirements of Regulation 5.19 of the Migration Regulations 1994 for the approval of a nominated position. Specifically, the Tribunal considered whether the position was located in regional Australia, whether there was a genuine need for the position, whether the position could be filled locally, and whether the tasks corresponded to an occupation at ANZSCO skill level 1, 2, or 3. The Tribunal also considered requirements relating to adverse information, satisfactory compliance with workplace relations laws, and the terms and conditions of employment.

The Tribunal found that the position of office manager, to be based in Singleton, met the criteria for being located in regional Australia. It was satisfied that there was a genuine need for the position, given the applicant's intention to expand its business in the area and service a major client, and that the duties were managerial, justifying a higher salary than a receptionist. The Tribunal also considered the applicant's evidence regarding the shortage of accounting services in the region and the potential for growth, even if a specific project did not proceed. The Tribunal concluded that the applicant had met the requirements of Regulation 5.19, including those relating to adverse information and workplace relations compliance.

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