Broken Head Road Films Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Broken Head Road Films Pty Ltd's nomination for a visa subclass 186 under the Direct Entry stream. The applicant, Broken Head Road Films Pty Ltd, sought to nominate Mr. Serzas LAZARIS for the position of Camera Operator. The core dispute revolved around whether the applicant met all the requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994 for the approval of this nomination.

The Tribunal was required to determine if the nomination application was compliant with the prescribed form and fee, if there was a genuine need for the nominator to employ the identified person as a paid employee under their direct control, and if the terms and conditions of employment were no less favourable than those offered to an Australian citizen or permanent resident for equivalent work. Furthermore, the Tribunal had to assess whether there was any adverse information known to Immigration about the nominator or associated persons, and if the nominator had a satisfactory record of compliance with workplace relations laws. Crucially, the Tribunal needed to ascertain if the tasks of the nominated position corresponded to an occupation specified by the Minister and if there was a genuine need for the nominee to be employed in that role, considering specific training requirements.

The Tribunal found that the application was made in the approved form and accompanied by the prescribed fee, and that the nominator had provided the required certification regarding conduct contravening section 245AR(1) of the Migration Act 1958. It was satisfied that there was a genuine need for the nominator to employ the nominee as a paid employee under their direct control. The Tribunal also determined that there was no adverse information known to Immigration and that the nominator had a satisfactory record of compliance with workplace relations laws. Regarding the specific tasks of the Camera Operator position, the Tribunal found they corresponded to the ANZSCO occupation 399512 and that the business had secured contracts, indicating a genuine need for the position.

Consequently, the Tribunal concluded that Broken Head Road Films Pty Ltd met the requirements of regulation 5.19 for the approval of the nomination. The Tribunal set aside the original decision and substituted it with a decision approving the nomination.