AKA Services PTY LTD (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination for a General Practitioner position under the Direct Entry stream. The applicant, AKA Services PTY LTD, sought approval for a nominated position, and the Tribunal was tasked with determining whether the nomination met the requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominated position satisfied all the criteria for approval under the Direct Entry nomination stream. This involved assessing whether the application was in the approved form, accompanied by the prescribed fee, and identified a genuine need for a paid employee to work under the nominator's direct control. Additionally, the Tribunal had to consider whether there was any adverse information known to Immigration, whether the nominator had a satisfactory record of compliance with workplace relations laws, and crucially, whether the tasks of the position corresponded to an occupation specified by the Minister and was applicable to the proposed employee.

The Tribunal found that the application was compliant with the formal requirements. It was satisfied that there was a genuine need for the position, noting that the nominee, Dr. Diener, had been working as an independent contractor since August 2015 and that both the nominator and nominee intended to enter into an employment contract upon the approval of her permanent residency. This arrangement was seen as beneficial for retaining medical staff in a rural location and ensuring the nominator's direct control over the employee's duties. The Tribunal also confirmed the absence of adverse information and satisfactory compliance with workplace relations laws. Furthermore, it was satisfied that the tasks of the position corresponded to the occupation of General Practitioner as specified by the Minister and was applicable to the visa applicant.

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