Bluefit Leisure Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination made by Bluefit Leisure Pty Ltd for a Sports Centre Manager position under the Direct Entry stream. The dispute centred on whether the nomination met the requirements of regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was required to determine if Bluefit Leisure Pty Ltd had satisfied all the criteria for approving the nomination. Specifically, this involved assessing whether the application was in the approved form, accompanied by the prescribed fee, and identified a genuine need for a paid employee under the nominator's direct control. The Tribunal also had to consider if the nominator was actively and lawfully operating a business in Australia, if there was no adverse information known to Immigration, and if the nominator had a satisfactory record of compliance with workplace relations laws. Furthermore, the Tribunal needed to ascertain if the tasks of the position were genuine and if the training benchmark requirements were met.

The Tribunal found that the application complied with the formal requirements, including the use of the approved form and payment of the prescribed fee. Evidence confirmed that the nominated position of Sports Centre Manager (ANZSCO 149113) was under the direct control of Bluefit Leisure Pty Ltd and that the duties of the nominated employee, Ms Gold, were consistent with the occupation description. The Tribunal was satisfied that Bluefit Leisure Pty Ltd was actively and lawfully operating its business of managing swim schools, supported by various business documents. No adverse information was known to Immigration concerning the nominator or the nominee, and the nominator demonstrated a satisfactory record of compliance with workplace relations laws. The Tribunal also concluded that the tasks of the position were genuine and that the training benchmark requirements were met.

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