Armaan Enterprises Pty Ltd ATF Haroop Family Trust (Migration)

Armaan Enterprises Pty Ltd ATF Haroop Family Trust (Migration) concerned an application for approval of a nomination of a position under the Direct Entry stream of the Migration Regulations 1994. The applicant sought to nominate a Retail Manager position for a business operating as Tinamba General Store. The core of the dispute revolved around whether the nominated position and the applicant met all the requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994 for the approval of such a nomination. The matter was heard by Mark Bishop.

The legal issues before the court were whether the applicant had satisfied each of the requirements of regulation 5.19(4) of the Migration Regulations 1994. Specifically, the court needed to determine if the application was in the approved form and accompanied by the prescribed fee, if the nominator was actively and lawfully operating a business in Australia, if the nominated position was within the business activities of the nominator, and if the nominee would be employed full-time for at least two years with no exclusion of extension. Further, the court had to consider if the terms and conditions of employment were no less favourable than those offered to an Australian citizen or permanent resident, if there was no adverse information known to Immigration, and if the nominator had a satisfactory record of compliance with workplace relations laws. Finally, the court was required to assess whether the position was located in regional Australia, if there was a genuine need for the nominator to employ a paid employee, and if the position could not be filled by an Australian citizen or permanent resident living in the same local area.

The court found that the applicant had met the requirements of regulation 5.19(4). It was satisfied that the application was compliant, the nominator was actively and lawfully operating a business, and the nominated position was genuine and located in regional Australia. The court also determined that there was a genuine need for the nominator to employ a paid employee, and that the position could not be filled by a local Australian citizen or permanent resident. Furthermore, the court was satisfied that the nominee would be employed for at least two years under appropriate terms and conditions, that there was no adverse information known to Immigration, and that the nominator had a satisfactory record of compliance with workplace relations laws.

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