Accept Caregroup Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a decision by a delegate of the Minister to refuse a nomination made by Accept Caregroup Pty Ltd under the Direct Entry nomination stream. The dispute concerned whether Accept Caregroup Pty Ltd had met the requirements for approving the nomination, particularly in relation to the nominated position and the advertising of that position.

The Tribunal was required to determine whether Accept Caregroup Pty Ltd satisfied the requirements of regulation 5.19(4)(h) of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether the applicant met either sub-paragraph (i) or (ii) of this regulation. Sub-paragraph (i) relates to evidence of relevant training or a training plan, while sub-paragraph (ii) concerns whether the nominated position could be filled by an Australian citizen or permanent resident living in the same local area.

The Tribunal found that Accept Caregroup Pty Ltd did not satisfy regulation 5.19(4)(h)(i) as no evidence of relevant training or a training plan was provided. The Tribunal then considered regulation 5.19(4)(h)(ii), noting that the advertising for the nominated position stipulated a salary that was well below award and market rates. Based on the evidence before it, including employment contracts and advertisements, the Tribunal affirmed the delegate's decision to refuse the nomination.