1517903 (Migration)

This matter concerned an appeal to the Tribunal regarding a decision to refuse a nomination for a position under the Direct Entry Nomination stream. The applicant sought approval for a nomination for the position of Minister of Religion (ANZSCO 27211) to be located in Bennett Springs, metropolitan Perth, Western Australia. The core of the dispute revolved around whether the applicant met the requirements of regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was required to determine whether the nominated position satisfied the criteria set out in regulation 5.19(4)(h), which outlines two alternative pathways for approval. Specifically, the Tribunal had to consider whether the tasks of the position corresponded to an occupation specified by the Minister and if certain training benchmarks were met, or alternatively, if the position was located in regional Australia, there was a genuine need for a paid employee, the position could not be filled locally, the tasks corresponded to a specified ANZSCO skill level, and a Regional Certifying Body had provided advice.

The Tribunal found that the applicant had not satisfied the requirements of regulation 5.19(4). While the applicant argued the position was in regional Australia (as the entirety of Western Australia was deemed regional for the purposes of the regulation), the Tribunal noted that the nominee was not in a paid position but received benefits in lieu of wages, and there was no payroll for the organisation. The Tribunal concluded that the applicant had not demonstrated a genuine need for a *paid* employee as required by regulation 5.19(4)(h)(ii)(B). Consequently, the Tribunal affirmed the decision under review to refuse the nomination.