1847 Winery (SA) Pty Ltd (Migration)

This matter concerned an application by 1847 Winery (SA) Pty Ltd for approval of a nomination for a Marketing Specialist (ANZSCO 225113) under the Direct Entry stream. The core dispute revolved around whether the nominating entity met all the requirements stipulated in regulation 5.19 of the Migration Regulations 1994 for the approval of the nominated position. The decision was made by Member Peter Emmerton of the Tribunal.

The Tribunal was required to determine if the nominated position and the nominating entity satisfied the criteria set out in regulation 5.19(4). Specifically, this involved assessing whether there was a genuine need for a paid employee in the role, whether the terms and conditions of employment were appropriate, whether there was any adverse information known to Immigration, and whether the nominator had a satisfactory record of compliance with workplace relations laws. Furthermore, the Tribunal had to consider the alternative requirements under regulation 5.19(4)(h), which pertain to the location of the position in regional Australia, the genuine need for the role, the inability to fill it with an Australian citizen or permanent resident, and the correspondence of the position's tasks to an ANZSCO occupation, along with advice from a regional certifying body.

The Tribunal's reasoning focused on addressing each of the regulatory requirements. It found that the nominee possessed relevant qualifications and, crucially, verified experience exceeding five years, which satisfied the ANZSCO classification and English language proficiency requirements. The Tribunal was convinced by the evidence presented by the nominator, including testimony from its representatives and documentation, that there was a genuine need for the Marketing Specialist role, particularly given the significant export market in China. The Tribunal also found that the salary offered was reflective of the nominee's experience and that the terms and conditions of employment were equivalent to those for an Australian citizen or permanent resident in a similar role. Compliance with workplace relations laws and the absence of adverse information were also established.

Ultimately, the Tribunal was satisfied that 1847 Winery (SA) Pty Ltd met all the necessary requirements of regulation 5.19 for the approval of the nomination. Consequently, the Tribunal set aside the original decision under review and substituted it with a decision approving the nomination.