Batra Group Pty Ltd (Migration)

This matter concerned an application by Batra Group Pty Ltd for approval of a nomination for a position under the Direct Entry stream of the Regional Sponsored Migration Scheme. The Administrative Appeals Tribunal was required to determine 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 considered several legal issues, including whether the application was made in the approved form and accompanied by the prescribed fee, whether the nominated position could be filled by an Australian citizen or permanent resident, and whether the terms and conditions of employment were no less favourable than those offered to Australians. Further issues included whether there was any adverse information known to Immigration about the nominator or associated persons, and whether the nominator had a satisfactory record of compliance with workplace relations laws. Finally, the Tribunal had to assess whether there was a genuine need for the nominator to employ the identified person and whether the position was located in regional Australia, with advice obtained from a Regional Certifying Body.

The Tribunal found that the application was compliant with the formal requirements of regulation 5.19(4)(a). It placed significant weight on the advice provided by the State of Western Australia, acting as the Regional Certifying Body, which indicated that the nominated position could not be filled locally and that the terms and conditions were favourable. Regarding adverse information, the Tribunal determined that a past conviction for failing to obtain workers' compensation insurance, attributed to administrative error and for which controls had been implemented, was reasonable to disregard under regulation 5.19(4)(f). The Tribunal was satisfied that the nominator had a satisfactory record of compliance with workplace relations laws and that there was a genuine need for the nominated position in regional Australia.

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