A Singh & KS Singh (Migration)

This matter concerned an application for approval of a nomination for a position under the Direct Entry nomination stream, specifically for a Primary Products Inspector. The applicants, A Singh & KS Singh, sought approval for the nomination, and the decision under review was being considered by the Tribunal.

The primary legal issue before the Tribunal was whether the applicants met all the requirements for the approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. This involved assessing various criteria, including the administrative compliance of the application, the active and lawful operation of the nominator's business, whether the position was for labour hire, the terms and conditions of employment, the absence of adverse information, satisfactory compliance with workplace relations laws, and crucially, the genuine need for the nominated position and its location in regional Australia.

The Tribunal reasoned that the nomination application satisfied the administrative requirements of regulation 5.19(4)(a), noting that the nominee had been working in the role since October 2017, which sufficiently demonstrated a genuine need for the business to employ a paid individual in that position. The Tribunal was also satisfied that the nominator was actively and lawfully operating a business in Australia, as evidenced by financial statements and registration details. Furthermore, the Tribunal found that the position was located in regional Australia, fulfilling the requirements of regulation 5.19(4)(h)(ii).

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