Aariya Pty Ltd (Migration)

This matter concerned an application by Aariya Pty Ltd for approval of a nominated position under the Direct Entry nomination stream of the Migration Regulations 1994. The core dispute revolved around whether the nominating entity genuinely needed to employ a paid employee for the nominated role and whether the tasks of that role corresponded to an occupation specified by the Minister. The decision was made by Peter Emmerton, a Member of the Tribunal.

The Tribunal was required to determine if the applicant met all the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether there was a genuine need for the nominator to employ a paid employee under their direct control, whether the nominated tasks aligned with the duties of a specified occupation, and whether the nominator had demonstrated credible evidence of recruitment efforts and a genuine need for the position.

The Tribunal's reasoning focused on assessing the evidence presented by both the applicant and the nominator. It found that the nominating entity, which operated two franchised retail pizza restaurants, had a substantial business operation. The Tribunal accepted that the visa applicant's qualifications and experience aligned with the duties of a Retail Manager (General). Crucially, the Tribunal was satisfied by the evidence of the nominator's genuine recruitment efforts, including advertising and providing resumes of unsuccessful candidates. It also accepted the nominator's stated need for the position to allow owners to attend to other business activities and family matters, and the full-time employment of a director in an unrelated occupation. The Tribunal further considered the nominated salary, employment contract terms, and compliance with workplace relations laws, finding all requirements of regulation 5.19(4) to be met.

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