1NAS Foods Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning the nomination of a position under the Direct Entry stream by 1NAS Foods Pty Ltd. The dispute centred on whether the nominated position of Retail Manager (General) met the requirements for approval under Regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant satisfied all the criteria for the Direct Entry nomination stream. Specifically, this involved assessing whether the application was compliant, if there was a genuine need for a paid employee in the nominated position, if the position could not be filled by an Australian citizen or permanent resident, and if the terms and conditions of employment were no less favourable than those offered to Australians. The Tribunal also considered whether the nominator was actively and lawfully operating a business, had a satisfactory record of workplace relations compliance, and if the tasks of the position corresponded to the specified occupation.

The Tribunal reasoned that significant weight should be given to the advice provided by the Regional Certifying Body, the State of Western Australia, which indicated that the nomination met key requirements, including the need for an employee, the inability to fill the position with a local Australian, and favourable employment terms. While acknowledging a potential distinction in the delegate's view regarding the skill level of the position, the Tribunal accepted evidence from the nominee, supported by their qualifications, that the tasks aligned with the nominated occupation of Retail Manager (General). The Tribunal found no adverse information known to Immigration and was satisfied with the applicant's compliance with workplace relations laws.

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