Amarjeet Enterprises Pty Ltd (Migration)

This matter concerned an application by Amarjeet Enterprises Pty Ltd for approval of a nominated position under the Direct Entry stream of the Employer Nomination scheme. The dispute arose when the initial decision to refuse approval of the nomination was reviewed by the Tribunal. The Tribunal was required to determine whether the nominated position of Retail Manager, located in Alice Springs, Northern Territory, met the various requirements stipulated in Regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was tasked with assessing whether the nominated position's tasks corresponded to an occupation listed in the ANZSCO dictionary, whether there was a genuine need for the position that could not be filled locally, and if the nominator had complied with all relevant regulatory obligations. This included examining the terms and conditions of employment, the nominator's compliance with workplace relations laws, and the absence of adverse information known to the Department of Immigration. The Tribunal also considered the specific challenges of recruitment and retention in a regional and climatically challenging location like Alice Springs.

In its reasoning, the Tribunal found that the applicant's employment contract and remuneration were appropriate for the nominated position and equivalent to those offered to Australian citizens or permanent residents. It was satisfied that the nominator had a satisfactory record of compliance with workplace relations laws and that there was no adverse information known to Immigration. Crucially, the Tribunal determined that there was a genuine need for the position, which could not be filled locally, and that the tasks of the Retail Manager role aligned with the ANZSCO definition. The Tribunal also noted the issuance of an RCB Certificate, indicating compliance with regional certifying body requirements.

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