1511798 (Migration)

This matter concerned an application to approve a nominated position under the Direct Entry stream of the Migration Regulations 1994. The applicant sought to have a position approved, which the Tribunal was required to review following a decision to refuse the nomination. The core of the dispute revolved around whether the nominated position met the requirements set out in regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was required to determine whether the nominated position satisfied the criteria under regulation 5.19(4)(h). Specifically, the Tribunal considered the alternative requirements within this subregulation: either the tasks corresponded to an occupation specified by the Minister and certain training benchmarks were met, or the position was located in regional Australia, there was a genuine need for the position that could not be filled locally, the tasks corresponded to an ANZSCO skill level 1, 2 or 3 occupation, and a Regional Certifying Body had provided the requisite advice.

The Tribunal found that the tasks of the nominated position, involving the processing and manufacture of alcohol, corresponded to the occupation of Process Worker / Manufacturer (ANZSCO 133411). It also accepted that the position was located in Mount Compass, South Australia, which is defined as regional Australia. Furthermore, the Tribunal accepted evidence that Immigration SA was the relevant Regional Certifying Body. However, the Tribunal ultimately concluded that it was not satisfied that the applicant had met all the requirements of regulation 5.19(4), and therefore affirmed the decision to refuse the nomination.