AUS Fertilizer Pty Ltd (Migration)

This matter concerned an application by AUS Fertilizer Pty Ltd for the approval of a nominated position under the Direct Entry stream of the employer nomination provisions. The core dispute revolved around whether the applicant met all the requirements stipulated in regulation 5.19(4) of the *Migration Regulations 1994* for the approval of the nomination.

The Tribunal was required to determine whether the applicant satisfied each of the criteria set out in regulation 5.19(4). These included whether the application was in the approved form and identified a need for a paid employee under the nominator's direct control, whether the nominator was actively and lawfully operating a business in Australia, and whether the nominated position was not a labour-hire arrangement. Further issues included the term of employment for the visa holder, the absence of adverse information known to Immigration, satisfactory compliance with workplace relations laws, and whether the tasks of the position corresponded to an occupation specified by the Minister and met certain training benchmarks.

The Tribunal found that the applicant had met all the requirements of regulation 5.19(4). It was satisfied that the application was compliant, the nominator was actively and lawfully operating its business, and the position was not a labour-hire arrangement. The Tribunal also found that the nominated position met the requirements regarding the term of employment, the absence of adverse information, and satisfactory compliance with workplace relations laws. Crucially, the Tribunal was satisfied that the tasks of the nominated Corporate General Manager position corresponded to an occupation specified in the relevant legislative instrument, thereby meeting the requirements of regulation 5.19(4)(h)(i)(A).

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