Annex Engineering Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered a decision to refuse the nomination of a position under the Regional Sponsored Migration Scheme. The applicant sought approval for a nomination under the Direct Entry stream, which required meeting specific criteria outlined in regulation 5.19(4) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant had satisfied all the requirements of regulation 5.19(4)(h) for the Direct Entry nomination stream. Specifically, the Tribunal had to determine if the applicant had provided evidence of obtaining the necessary certification from a regional certifying body, as mandated by regulation 5.19(4)(h)(ii)(F) for positions located in regional Australia.

The Tribunal found that the applicant was required to meet the second set of requirements under regulation 5.19(4)(h), which pertains to positions located in regional Australia. This included a requirement for a regional certifying body to have advised the Minister about certain matters. The Tribunal noted that there was no evidence on the Department's file demonstrating that the applicant had obtained this certification. Furthermore, the applicant failed to provide any such evidence when requested by the Tribunal. Consequently, the Tribunal concluded that the applicant had not met the requirements of regulation 5.19(4)(h)(ii)(F), and therefore, the nomination could not be approved. The Tribunal affirmed the decision under review to refuse the nomination.