Bezcom Pty Ltd (Migration)

Bezcom Pty Ltd (Migration) [2020] AATA 5533 (9 November 2020)
DECISION RECORD
DIVISION:Migration & Refugee Division
APPLICANT:  Bezcom Pty Ltd
CASE NUMBER:  1733010
HOME AFFAIRS REFERENCE(S):          BCC2016/2234610
MEMBER:Mark Bishop
DATE:9 November 2020
PLACE OF DECISION:  Melbourne
DECISION:The Tribunal sets aside the decision under review and substitutes a decision approving the nomination.

Statement made on 09 November 2020 at 11:25am
CATCHWORDS
MIGRATION – approval of a nomination – Direct Entry nomination stream – position of Retail Manager – employed full-time in the position for at least 2 years – events accounting for earlier losses – updated financial information – terms and conditions of employment – decision under review set aside
LEGISLATION
Migration Act 1958, s 245
Migration Regulations 1994, rr 1.13, 5.19, 5.37
STATEMENT OF DECISION AND REASONS
APPLICATION FOR REVIEW

This is an application for review of a decision made by a delegate of the Minister for Immigration and Border Protection (the Department) on 12 December 2017 to reject the applicant’s application for approval of the nomination of a position in Australia under r.5.19 of the Migration Regulations 1994 (the Regulations).
The applicant applied for approval on 1 July 2016. The requirements for the approval of the nomination of a position in Australia are found in r.5.19 of the Regulations which contains two alternative streams: a Temporary Residence Transition nomination stream (r.5.19(3)) and a Direct Entry nomination stream (r.5.19(4)). If the application is made in accordance with r.5.19(2) and meets the requirements of either stream, then the application must be approved. If any of the requirements are not met, then the application must be refused: r.5.19(5).
In this case, the applicant has applied for approval of a nomination, seeking to satisfy the criteria in the Direct Entry nomination stream.
The delegate refused the application on the basis the applicant’s nomination did not satisfy r.5.19(4)(d)(i) of the Regulations because the evidence provided did not demonstrate that the nominee will be employed on a full-time basis in the position for at least 2 years.
The applicant was represented by his Migration Agent.
The Tribunal resolved the review application on the papers.
For the following reasons, the Tribunal has decided to set aside the decision under review and substitute a decision approving the nomination.
CONSIDERATION OF CLAIMS AND EVIDENCE
The issue in this case is whether the applicant meets the requirements for approval of the nomination under the Direct Entry nomination stream set out in r.5.19(4), which is extracted in the attachment to this decision. For the nomination to be approved, all the requirements must be met.
The application is compliant: r.5.19(4)(a)
Regulation 5.19(4)(a) requires that the application for approval must be in the approved form, must be accompanied by the prescribed fee, and, where applicable, must include the required written certification relating to conduct that contravenes s.245AR(1). The application must also identify a need for the nominator to employ a paid employee to work in the position under their direct control.
Material on the Department’s file indicates that the application was made on the approved online application form, in which the applicant certified that it had not engaged in conduct that contravenes s. 245AR(1) of the Migration Act 1958. As the nominated position is in regional Australia, no application fee is payable pursuant to r.5.37.
The application identifies the nominee and the position under the applicant’s direct control.
The applicant has also lodged the following material to the Tribunal:
·An undated statement, ‘Genuine Position Store Manager for Subway Store in Bull Creek, Perth’, signed by the director of Bezcom Pty Ltd;
·A statement dated 29 October 2020, signed by the director of Bezcom Pty Ltd.
Accordingly, the requirement in r.5.19(4)(a) is met.
Nominator is actively and lawfully operating a business in Australia: r.5.19(4)(b)
Regulation 5.19(4)(b) requires that the applicant is actively, lawfully and directly operating a business in Australia.
The applicant provided the following documentation:
·Company registration;
·ASIC extracts (Company Summary and Company Details including officeholders);
·ABN lookup;
·Business Activity Statement (BAS) – October 2017 to December 2019;
·Franchise agreements;
·Lease agreement – Bull Creek location;
·Rental invoices – Applecross location;
·Food service invoices – Applecross location;
·Photographs of Subway Applecross;
·Letter from accountant explaining non-operating period;
·Written statements by the director;
·Written submissions by the applicant’s representative.
The applicant indicated that Subway Applecross was scheduled to open sooner, but due to delays with a freezer cabinet, as well as the COVID-19 pandemic, the store only commenced operations on 29 October 2020.
Accordingly, the requirement in r.5.19(4)(b) is met.
Position is not labour-hire: r.5.19(4)(c)
Regulation 5.19(4)(c) applies to nominators whose business activities include those relating to labour hire to an unrelated business. In these cases, the nominated position must be within the business activities of the nominator.
There is no evidence before the Tribunal to indicate that the business activities of the applicant involve labour hire activities.
Accordingly, the requirement in r.5.19(4)(c) is met.
Term of employment of the visa holder: r.5.19(4)(d)
Regulation 5.19(4)(d) requires the nominee to be employed in the nominated position for at least 2 years full time, and the terms and conditions of that employment do not expressly exclude the possibility of an extension.
The Tribunal was provided with an employment contract dated 24 February 2020 and an updated employment contract dated 9 October 2020. The employment contract specifies that the nominee will be employed on a full-time basis, with an annual salary of $50,000 plus superannuation, and for a minimum period of 2 years. The terms of the contract of employment do not expressly exclude an extension beyond 2 years.
As mentioned earlier, the delegate refused the application on the basis the applicant’s nomination did not satisfy r.5.19(4)(d)(i) of the Regulations because the evidence provided did not demonstrate that the nominee will be employed on a full-time basis in the position for at least 2 years. The applicant provided the following information to the Department:
·Annual Report BEZC 2015
·BEZC Accountants Letter of Support for Nomination Application 290616
·Bezcom-RCB Approval
·Bull Creek - Subway Org Chart Draft
·Duty Statement Subway Bull Creek
·Fast Food Industry Award 2010
·Letter for Lease Agreement
·RSMS – 1404 – Form
·Retail Store Manager Salary in Perth, Western Australia (Australia)
·Sandeep - Subway Bull Creek Employment Offer
·Sandeep Sihag-17 Oct 2017-FInal- Subway Bull Creek-Genuine need statement
·Sandeep sponsor letter
·Store Manager Job - Similar vacancy - Subway Bull Creek
·Subway Bull creek advert
·Subway Bull Creek - ASIC
In their decision dated 19 December 2017, the delegate made specific reference to the applicant’s gross payroll expenditure of $219,972 for the 12 months preceding July 2016. The delegate also cited the financial statement for the year ending 30 June 2015 provided by the applicant, stating that:
·In 2014, the applicant experienced a loss of $52,224 and had a wage expenditure of $269,010; and
·In the year ended 30 June 2015, the applicant achieved a net profit of $35,120 and had a wage expenditure of $245,198.
The delegate stated that based on this financial statement, ‘it would be reasonable to conclude, since the total remuneration package for the nominated position is $50,000 that the business may not be able to sustain payment of $50,000 to the nominee for at least 2 years’. Moreover, the delegate gave little weight to the letter from the applicant’s accountant, citing that there was no evidence to support that the business position would improve and that it did not provide detailed information about the applicant’s financial situation.
The review application is a de novo application. The Tribunal is required to bring an independent mind to the proceedings. The Tribunal is not bound by the decision of the delegate.
In a written submission to the Tribunal dated 27 February 2020, the applicant’s representative addressed the issues raised in the delegate’s decision. According to the applicant’s accountant, the loss of $52,224 experienced in 2014 can be attributed to depreciation, interest costs to fund the purchase of the business, employee theft, and bookkeeping and accounting fees. The applicant paid two managers in the 2014 and 2015 financial years. It is also claimed that the applicant was raided twice during this period, so had to close for repairs.
In the written submission, the applicant’s representative also states that the company has access to over $300,000 in cash, as well as $230,000 in pre-approved loans from the Commonwealth Bank. It is specified that the quote to build the Subway Bull Creek store is $200,00 and Stockland are contributing $110,000 to the fit out. The Tribunal gives weight to the draft letter of offer for a business loan with a limit of $130,000, and a letter from the applicant’s accountant explaining business viability. It is asserted that the applicant will be able to provide employment to the nominee for a minimum of two years at the offered salary and the Tribunal was requested to consider the following points, extracted from the written submission, in support of the claim:
1.    The Director has successfully operated a Subway Franchises and has current full time employment elsewhere to have an alternative outcome.
2.    The company has a new lease for the store to be open in Bull creek and it is a lower lease than previous agreements.
3.    The nominee has experienced in managing a Subway Store and the nominator believe that this will be a benefit to the business and kick start the reopening.
4.    Extensive industry knowledge of the Director;
5.    Considerably lower rent of premises;
6.    Better location of the proposed store in comparison to the existing store;
7.    Good and reliable source of capital contribution;
8.    Limited borrowings to fund the operation meaning holding costs are low; and
9.    Rigorous financial modelling and professional assistance in preparing feasibility of business and committed to be engaged as the business develops.
10. Only $100,00 loan for each store which reduces the interest costs to only $6000 down from $26,000 in 2014 and $18700 in 2015
11. Much tighter labour cost as he will only have one manager and extra staff to take over another store.
12. $15,000 to $20,000 in lease costs savings.
The Tribunal has considered the above submission in the context of supporting financial information, the updated submission provided by the MA that addresses relevant historical matters and current store operational detail, the statement of the director dated 29 October 2020 that outlines nominee tasks and responsibilities and the letter from Accounting Professionals dated 11 February 2020 that addresses the following:
·Extensive industry knowledge of the Director;
·Considerably lower rent of premises;
·Better location of the proposed store in comparison to the existing store;
·Good and reliable source of capital contribution;
·Limited borrowings to fund the operation meaning holding costs are low; and
·Rigorous financial modelling and professional assistance in preparing feasibility of business and committed to be engaged as the business develops.
The Tribunal notes that the applicant provided a letter from Cobham Aviation Services dated 12 February 2020 that states the Director of the company (Mr Jason Bezuidenhout) is employed on a full time basis as a Licensed Aircraft Maintenance Engineer and has been employed in this capacity since 12 February 2007. Accordingly the Director is unable to be engaged on a continuing basis in the internal day to day affairs and administration of the store. These important tasks will be carried out by the Retail Manager. The duty statement provided by the applicant outlines in considerable detail the skills, work experience sought for the position and the duties and responsibilities that will be carried out by the successful applicant. In light of the fact that the owner and director of the company will be unable to carry out the overall running of the store this important function will fall to the Retail Manager.
The Tribunal notes the lengthy statement provided by the Director dated 29 October 2020 that addresses the requirements of the job, the qualifications of the nominee (he holds a Bachelor of Commerce), relevant background to the opening of the new store and the requirement to have a strong understanding of the franchise operation. Critically the applicant makes the following points in his written submission:
·In my experience as a business owner, it is very important but equally difficult to find the right person who can be entrusted to follow my vision for my business, take charge of the entire store and give it the same attention and care. As this position can affect the business substantially, it is very important that right person fills position, which is why I believe the nominee is the best suited for this job.
·In conclusion, I am confident that my business will be able to retain the nominee for a minimum of two years. I have put in a great deal effort to reopen my business along with significant financial investment and have a genuine requirement for a Retail/Store Manager. My company will be able to meet all the business expense including salaries of all the employees including nominee for more than 2 years.
The Tribunal is satisfied the applicant has taken careful steps to establish his new enterprise. His various statements and supporting documentation clearly show he has addressed store location, operating costs (inclusive of lease costs, capital requirements, and interest charges) employment needs, management expertise and growth of the operation into the future.
Accordingly, the requirement in r.5.19(4)(d) is met.
No less favourable terms and conditions of employment: r.5.19(4)(e)
Regulation 5.19(4)(e) requires that the terms and conditions of employment applicable to the nominated position will be no less favourable than those that are, or would be, provided to an Australian citizen or permanent resident performing equivalent work in the same workplace at the same location.
The Tribunal was provided with an organisational chart for April 2020 and an updated organisational chart as of October 2020, which shows that the nominee is currently one of 18 staff employed at Subway Applecross, and that the nominee is the only retail/store manager employed by the applicant.
The Tribunal was provided with an employment contract dated 24 February 2020 and an updated employment contract dated 9 October 2020. The employment contract specifies that the nominee will be paid an annual salary of $50,000 plus superannuation.
The applicant declared that the terms and conditions applicable to the nominee are no less favourable than those that would be provided to an Australian citizen or permanent resident performing equivalent work in the same workplace at the same location.
Information on the PayScale website indicates that a retail/store manager in Perth, Western Australia, typically earns between $45,000 to $71,000 per year, with an average annual salary of $54,483.
Information on the Job Outlook website indicates that retail managers earn $1,440 per week and work an average of 47 hours per week.
Accordingly, the requirements of r.5.19(4)(e) are met.
No adverse information known to Immigration: r.5.19(4)(f)
Regulation 5.19(4)(f) requires that there is no adverse information known to Immigration about the nominator or person associated with the nominator; or it is reasonable to disregard any such information. For these purposes, ‘adverse information’ and ‘associated with’ have the meaning given in rr.1.13A and 1.13B.
There is no adverse information about the applicant or person associated with the applicant before the Tribunal.
Accordingly, the requirements of r.5.19(4)(f) are met.
Satisfactory compliance with workplace relations laws: r.5.19(4)(g)
Regulation 5.19(4)(g) requires that the applicant has a satisfactory record of compliance with the laws of the Commonwealth, and of each State or Territory in which the applicant operates a business and employs employees in the business, relating to workplace relations.
There is no information before the Tribunal to suggest that the applicant has breached any workplace relation laws. Searches of the Fair Work Ombudsman website did not reveal any instances of non-compliance relating to the applicant.
Accordingly, the requirements of r.5.19(4)(g) are met.
Tasks of the position, genuine need for the position and training requirements r.5.19(4)(h)
Regulation 5.19(4)(h) contains a number of alternative requirements. These are set out in detail in the attachment to the decision but can be briefly summarised as requiring either that:
- the tasks to be performed in the position will be performed in Australia and correspond to those of an occupation specified by the Minister in the relevant instrument the occupation is applicable to the proposed employee in accordance with any specifications made in that instrument, and specified training requirements are met; or
·the position and nominator’s business is located in regional Australia, there is a genuine need for the paid position under the nominator’s direct control which cannot be filled by a locally resident Australian citizen or permanent resident, the tasks of the position correspond to those of an occupation specified in the relevant legislative instrument, the occupation is applicable to the proposed employee in accordance with the specification of the occupation and that a regional certifying body has advised the Minister about certain matters relating to the position.
(A)Position is located in regional Australia
In the online application form lodged to the Department, the applicant indicated that the nominee will be employed at Stockland Shopping Centre in Bull Creek, Western Australia 6149. However, the applicant has since provided a written statement to the Tribunal dated 29 October 2020 indicating that the nominee is required to manage Subway Applecross and assist with Subway Bull Creek. Subway Applecross is located at 787 Canning Highway, Applecross, Western Australia 6153. The relevant instrument, IMMI 16/045, provides that the entire state of Western Australia is considered to be in regional Australia.
(B)There is a genuine need to employ a paid employee to work in the position under the nominator’s direct control
The applicant provided the following documentation:
·An undated statement, ‘Genuine Position Store Manager for Subway Store in Bull Creek, Perth’, signed by the director of Bezcom Pty Ltd;
·A statement dated 29 October 2020, signed by the director of Bezcom Pty Ltd;
·A letter of support from the Federal Liberal Member for Tangney;
·Organisational chart;
·Roster and list of employees.
The director claims that he has been employed full-time as a Licensed Aircraft Maintenance Engineer since February 2017, and has also been studying, thereby limiting his daily involvement in the business and making him reliant on the nominee to manage the business operations and day-to-day work.
(C)The position cannot be filled by an Australian citizen or permanent resident who is living in the same local area

The applicant claims to have advertised the position on the Seek website twice – on 15 June 2016 and 30 June 2016. A copy of the 15 June 2016 advertisement has been provided to the Tribunal. The applicant received 13 applications, three of which were shortlisted and interviewed, including the nominee. The applicant claims that no other candidate was comparable to the nominee as they did not have the same mix of skills, work experience and attitude.
(D)The tasks to be performed in the position correspond to the tasks of an occupation specified by instrument
The application for approval of the nomination was lodged on 1 July 2016. The nominated occupation of Retail Manager (General) (ANZSCO Code 142111) is specified in Schedule A of the relevant instrument IMMI15/083.
The tasks of Retail Manager (General) (unit group 1421), per ANZSCO, are listed below:
·determining product mix, stock levels and service standards
·formulating and implementing purchasing and marketing policies, and setting prices
·promoting and advertising the establishment's goods and services
·selling goods and services to customers and advising them on product use
·maintaining records of stock levels and financial transactions
·undertaking budgeting for the establishment
·controlling selection, training and supervision of staff
·ensuring compliance with occupational health and safety regulations
Retail Manager (General) is a Skill Level 2 occupation for which an Associate Degree, Advanced Diploma, Diploma, or three years relevant experience (in substitution for the formal qualifications) is required. In some instances, relevant experience and/or on-the-job training may be required in addition to the formal qualification.
The duty statement provided by the applicant stipulates that a Diploma in the Business/Marketing field or higher is preferred, and that 3 years of work experience in a similar role is preferred. Furthermore, the duties/responsibilities specified in the duty statement are extracted below:
·Determining product mix, stock levels and service standards;
·Ensure all staff members are aware of the Subway standards, the quality of product required customer service;
·Handling customer complaints and feedback;
·Provide direction and feedback to employees;
·Conduct regular staff performance reviews;
·Interview and employ suitable staff;
·Organises and controls the operations of the store;
·Promoting and advertising the establishment's products;
·Assist where necessary with direct sales to customer;
·Maintaining records of stock levels and financial transactions;
·Undertaking budgeting for the establishment;
·Controlling selection, training and supervision of staff;
·Provide a weekly sales inventory report to Subway management;
·Ensure through proper training that all staff are aware of the importance of controlling food cost;
·Ensure all products will be made according to Subway formulas;
·Monitor all food - ensure it is rotated and labelled correctly in line with recognised safety requirements;
·Manage all point of sale software so as to ensure that all items sold are charged correctly;
·Food cost must be managed and should not exceed 33%;
·Wages and Rosters will be managed and controlled by the Manager on a daily basis to ensure store profitability;
·All rosters must be displayed two weeks prior to the roster commencing. The roster template must be followed at all times (Template supplied by owner) unless special circumstances apply e.g. catering orders;
·Manager must deliver a wage percentage of 25% or less of the stores sales turnover;
·Stock management. The Manager is responsible for ensuring that the store has the correct quantity and type of stock so as all Subway approved products are available to the customer;
·Where stock has been incorrectly ordered or is unavailable it is the Manager’s responsibility to ensure stock is sourced and available. Exceptions apply where stock is not available from suppliers;
·From time to time the Manager may be required to work at other sites and, if work reasons demand it, to transfer to another place of work on a temporary or permanent basis;
·Ensuring compliance with occupational health and safety regulations;
·Good leadership Skills/Team leader;
·Good communication and customer service skills;
·Abreast with the requirement of Subway Franchises and understanding of Franchisor policy and guidelines.
The applicant advised that the nominee holds a Bachelor of Commerce. The applicant also advised and provided a copy of a Certificate of Graduation in the name of the nominee that the nominee was awarded a Subway Diploma – Manager Course, and a certificate and invoice have been provided to substantiate this. The applicant claims that the nominee has been working for the business since September 2012.
In paragraphs 27 to 34 above the Tribunal addressed in detail the duties, skills, tasks and responsibilities of the nominee in the nominated position. The Tribunal is satisfied the nominee will carry out the responsibilities of a Retail Manager as outlined in paragraph 56 above. The Tribunal is satisfied that the overall bulk of the duties of the nominee come within the classification of Retail Manager. The Tribunal is satisfied that the nominee will report and seek guidance from the owner of the store. It is entirely appropriate he does so. The owner has invested considerable capital in the opening of a new enterprise. He has taken on legal responsibilities as a franchisee. This franchise operation is this review application requires a full time person to open run, control and administer the business and operational affairs of the retail outlet. The Tribunal is satisfied the nominee will carry out those responsibilities and those responsibilities are comprehended in the job description of Retail Manager.
(E) The business is operated by the nominator and is located at that place
The applicant initially intended for the nominee to work at the Subway Bull Creek store, however, due to delays in lease negotiations and the COVID-19 pandemic, this store is still under construction and is not operational. Evidence of the lease negotiations has been provided to the Tribunal.
The applicant’s Subway Applecross store officially opened on 29 October 2020 and consequently, this is where the nominated position exists.
(F)Regional Certifying Body advice about certain matters relating to the position
The applicant provided Regional Certifying Body (RCB) advice dated 15 July 2016, which was completed by a representative of Skilled Migration WA, Department of Training and Workforce Development. Skilled Migration WA is listed as a Regional Certifying Body in Schedule A of legislative instrument IMMI 16/045.
The RCB provided advice that the nomination satisfies the following requirements:
·there is there is a need for a paid employee in the nominated position within the business activities of the nominating employer;
·the nominated position cannot be filled by an Australian citizen or Australian permanent resident who is living in the same local area as the nominated position; and
·the terms and conditions of employment that are applicable to the nominated position will be no less favourable than the terms and conditions that are or would be provided to an Australian citizen or Australian permanent resident for performing equivalent work in the same workplace at the same location.
Accordingly the requirements of r.5.19(4)(h) are met.
CONCLUDING PARAGRAPHS
Based on the findings above, the Tribunal is satisfied that the applicant meets the requirements of r.5.19 for approval of the nomination of the position in Australia.
DECISION
The Tribunal sets aside the decision under review and substitutes a decision approving the nomination.
Mark Bishop
Member

ATTACHMENT - EXTRACTS FROM THE MIGRATION REGULATIONS 1994
5.19Approval of nominated positions (employer nomination)
…
(2)The application must:
(a)be made in accordance with approved form 1395…; and
(aa) include a written certification by the nominator stating whether or not the nominator has engaged in conduct, in relation to the nomination, that constitutes a contravention of subsection 245AR(1) of the Act; and
(b)be accompanied by the fee mentioned in regulation 5.37.
…
Direct Entry nomination
(4)The Minister must, in writing, approve a nomination if:
(a)the application for approval:
(i)       is made in accordance with subregulation (2); and
(ii)      identifies a need for the nominator to employ a paid employee to work in the position under the nominator’s direct control; and
(b)the nominator:
(i)       is actively and lawfully operating a business in Australia; and
(ii)      directly operates the business; and
(c)for a nominator whose business activities include activities relating to the hiring of labour to other unrelated businesses — the position is within the business activities of the nominator and not for hire to other unrelated businesses; and
(d)both of the following apply:
(i)       the employee will be employed on a full-time basis in the position for at least 2 years;
(ii)      the terms and conditions of the employee’s employment will not include an express exclusion of the possibility of extending the period of employment; and
(e)the terms and conditions of employment applicable to the position will be no less favourable than the terms and conditions that:
(i)       are provided; or
(ii)      would be provided;
to an Australian citizen or an Australian permanent resident for performing equivalent work in the same workplace at the same location; and
(f)either:
(i)       there is no adverse information known to Immigration about the nominator or a person associated with the nominator; or
(ii)      it is reasonable to disregard any adverse information known to Immigration about the nominator or a person associated with the nominator; and
(g)the nominator has a satisfactory record of compliance with the laws of the Commonwealth, and of each State or Territory in which the applicant operates a business and employs employees in the business, relating to workplace relations; and
(h)either:
(i)       both of the following apply:
(A)the tasks to be performed in the position will be performed in Australia and correspond to the tasks of an occupation specified by the Minister in an instrument in writing for this sub-subparagraph;
(AAA)the occupation is applicable to the person identified under subparagraph (a)(ii) in accordance with the specification of the occupation;
(B)either:
(I)the nominator’s business has operated for at least 12 months, and the nominator meets the requirements for the training of Australian citizens and Australian permanent residents that are specified by the Minister in an instrument in writing for this sub-sub-subparagraph; or
(II)the nominator’s business has operated for less than 12 months, and the nominator has an auditable plan for meeting the requirements specified in the instrument mentioned in sub-sub-subparagraph (I); or
(ii)      all of the following apply:
(A)the position is located in regional Australia;
(B)there is a genuine need for the nominator to employ a paid employee to work in the position under the nominator’s direct control;
(C)the position cannot be filled by an Australian citizen or an Australian permanent resident who is living in the same local area as that place;
(D)the tasks to be performed in the position correspond to the tasks of an occupation specified by the Minister in an instrument in writing for this sub-subparagraph;
(DA)the occupation is applicable to the person identified under subparagraph (a)(ii) in accordance with the specification of the occupation;
(E)the business operated by the nominator is located at that place;
(F)a body that is:
(I)specified by the Minister in an instrument in writing for this sub-subparagraph; and
(II)located in the same State or Territory as the location of the position;
has advised the Minister about the matters mentioned in paragraph (e) and sub-subparagraphs (B) and (C).

[2020] AATA 5533

Key Legal Topics

Areas of Law

Immigration

Administrative Law

Legal Concepts

Judicial Review

Statutory Construction

Procedural Fairness

Remedies