A.M.B.J. PTY LTD (Migration)

This matter concerned an application by A.M.B.J. PTY LTD for approval of a nomination for the position of Primary Products Inspector nec (ANZSCO 311399) under the Direct Entry nomination stream. The applicant sought to have a previous decision reviewed by the Tribunal. The dispute centred on whether the applicant met all the requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994 for the nomination to be approved.

The Tribunal was required to determine whether the applicant satisfied each of the criteria set out in regulation 5.19(4), including that the application was compliant, that the nominator was actively and lawfully operating a business in Australia, that the terms and conditions of employment were no less favourable than those offered to Australian citizens or permanent residents, that there was no adverse information known to Immigration, that the nominator had a satisfactory record of compliance with workplace relations laws, and crucially, that the nominated position was located in regional Australia, there was a genuine need for the position, the position could not be filled by a local Australian citizen or permanent resident, and the tasks of the position corresponded to those of an occupation specified by the Minister.

The Tribunal found that the applicant met all the requirements of regulation 5.19(4). It was satisfied that the application was compliant and that the applicant was actively and lawfully operating its business in regional New South Wales. The Tribunal considered evidence regarding the salary and terms of employment, finding them to be commensurate with market information and no less favourable than those for equivalent Australian workers. It also found no adverse information or unsatisfactory compliance with workplace relations laws. Critically, the Tribunal was satisfied that there was a genuine need for the nominated position within the applicant's business, that the position could not be filled by a local Australian, and that the tasks performed by the nominee corresponded to the specified occupation of Primary Products Inspector nec. The Tribunal also had regard to advice from a regional certifying body.

Accordingly, the Tribunal set aside the decision under review and substituted a decision approving the nomination.