Access Seminars Australia Pty Ltd (Migration)

This matter concerned an application by Access Seminars Australia Pty Ltd for approval of a nomination under the Direct Entry stream of the Regional Sponsored Migration Scheme for the position of Events Manager. The applicant sought to nominate Mr Barend Jacobus Joubert for this position, which was to be located in Peregian Beach, Queensland. The Tribunal was required to determine whether the nominator met all the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994.

The legal issues before the Tribunal included whether the nominator was actively and lawfully operating a business in Australia, whether there was a genuine need for the nominated position, whether the terms and conditions of employment were no less favourable than those offered to Australian citizens or permanent residents, and whether the position was located in regional Australia. The Tribunal also considered requirements relating to the absence of adverse information about the nominator and satisfactory compliance with workplace relations laws.

The Tribunal found that the application was made in the approved form and accompanied by the prescribed fee, and that the nominator had provided the required certification regarding conduct contravening section 245AR(1) of the Migration Act 1958. It was satisfied that the nominator was actively and lawfully operating a business in Australia and that there was a genuine need for the nominated employee. The Tribunal also determined that the position was located in regional Australia, and that the terms and conditions of employment met the requirements of regulation 5.19(4)(e). Furthermore, there was no adverse information known to Immigration, and the nominator had a satisfactory record of compliance with workplace relations laws.

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