Aca Management Training And Consultancy Pty Ltd (Migration)

This matter concerned an appeal by Aca Management Training And Consultancy Pty Ltd (the applicant) against a decision to refuse the approval of a nomination for a position under the Direct Entry stream of the relevant migration regulations. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the applicant met all the requirements for the nomination to be approved.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal focused on subregulation 5.19(4)(h)(ii)(C), which mandates that the nominated position cannot be filled by an Australian citizen or permanent resident living in the same local area as the position. The delegate had initially refused the nomination on the grounds that the nominator was not actively and lawfully operating a business, but the Tribunal identified the recruitment criterion as the dispositive issue.

The Tribunal considered the evidence provided by the applicant, including a statement from the nominator, an advertisement on CareerOne/Monster, and a Satisfied RCB Certificate. While acknowledging the certificate, the Tribunal placed minimal weight on it, as it was required to be satisfied of the nomination requirements itself. The Tribunal found that a single advertisement and a brief statement from the nominator, without supporting evidence demonstrating that no suitable local candidates applied, were insufficient to satisfy the requirements of regulation 5.19(4)(h)(ii)(C). The Tribunal noted the absence of explanations regarding the nominee's suitability over other applicants, and the lack of resumes of other applicants or evidence of further recruitment efforts.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination.