BOZ DESIGNZ PTY LTD ATF BOZ FAMILY TRUST (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning BOZ DESIGNZ PTY LTD ATF BOZ FAMILY TRUST's application for approval of a nomination under the Direct Entry stream. The core dispute revolved around whether the applicant, as the trustee of the Boz Family Trust, met the requirements of regulation 5.19(4) of the Migration Regulations 1994 for the nomination of a position.

The Tribunal was required to determine if the applicant satisfied all the stipulated criteria for nomination approval. This included assessing whether the application was compliant, if the nominator was actively and lawfully operating a business in Australia, if the nominated position was not a labour-hire arrangement, if there was no adverse information known to Immigration, and if 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 outlined in regulation 5.19(4)(h).

The Tribunal found that the applicant met the requirements of regulation 5.19(4)(a) by submitting the application in the approved form, identifying a need for a paid employee, and providing the necessary certification. It was satisfied that the Boz Family Trust was actively and lawfully operating a business in Australia, as evidenced by its financial accounts. Furthermore, the Tribunal concluded that the nominated position of Carpenter corresponded to an occupation specified by the Minister and that the applicant had demonstrated a genuine need for the position, considering the business's ongoing operations and turnover, even during periods of COVID-19 restrictions.

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