AMBE Corporation Pty Ltd (Migration)

The matter before the Tribunal concerned an application by AMBE Corporation Pty Ltd for approval of a nomination for a Retail Manager (General) position under the Direct Entry stream of the Employer Nomination scheme. The applicant sought to nominate an individual for this position within their fast-food retail operation in suburban Perth, Western Australia.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for approval of the nomination as stipulated in regulation 5.19(4) of the Migration Regulations 1994. This involved assessing whether the nominated position and the nominator’s business satisfied various criteria, including the genuineness of the need for the position, the applicant's qualifications and experience, and the nominator's compliance with recruitment and workplace relations laws.

The Tribunal found that the visa applicant’s qualifications and experience aligned with the duties of a Retail Manager (General). It was satisfied that the nominator had made genuine efforts to recruit an Australian worker, evidenced by advertising across multiple platforms, and that the terms and conditions of employment offered were no less favourable than those provided to Australian workers in equivalent roles. Furthermore, the Tribunal was satisfied that the nominator had a satisfactory record of compliance with relevant laws and that there was no adverse information known to Immigration. The Tribunal concluded that the requirements of regulation 5.19(4) were met.

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