BARTON INTERNATIONAL COLLEGE PTY LIMITED (Migration)

This matter concerned an appeal by Barton International College Pty Limited against a decision to refuse the nomination of a position under the Direct Entry nomination stream of the Migration Regulations 1994. The Tribunal was required to determine whether the applicant met all the requirements for the approval of the nomination as set out in regulation 5.19(4).

The legal issues before the Tribunal included whether the nomination application was compliant, whether the nominator was actively and lawfully operating a business in Australia, whether there was any adverse information known to Immigration, and whether the nominator had a satisfactory record of compliance with workplace relations laws. Crucially, the Tribunal also had to consider the requirements relating to the tasks of the position, the genuine need for the position, and any associated training requirements, as stipulated in regulation 5.19(4)(h).

The Tribunal found that the nomination application met the requirements of regulation 5.19(4)(a), including the identification of a need to employ a paid employee. It was also satisfied that the nominator was actively and lawfully operating a business in Australia, despite financial challenges presented by COVID-19, and that there was no adverse information known to Immigration. Furthermore, the Tribunal found no evidence to suggest a lack of satisfactory compliance with workplace relations laws. Applying the principles from *Cargo First Pty Ltd v MIBP* [2016] FCA 30, the Tribunal qualitatively assessed the position and the nominated occupation, concluding that the requirements of regulation 5.19(4)(h) were met.

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