Burford Consulting Pty Ltd (Migration)

This matter concerned an application by Burford Consulting Pty Ltd for approval of a nominated position under the Regional Sponsor Migration Scheme, specifically the Direct Entry nomination stream. The dispute arose from a decision to refuse the nomination, which the applicant sought to have set aside. The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was tasked with assessing whether the nominated position and the nominating entity satisfied various criteria, including the full-time employment of the nominee for at least two years, terms and conditions of employment equivalent to those offered to Australian citizens or permanent residents, the absence of adverse information known to Immigration, and a satisfactory record of compliance with workplace relations laws. Furthermore, the Tribunal had to consider the genuine need for the position, its alignment with ANZSCO requirements, and whether it could be filled by an Australian citizen or permanent resident. The Tribunal also considered the specific requirements of the Direct Entry stream, including the location of the position in regional Australia and advice from a regional certifying body.

In its reasoning, the Tribunal found that the nominated employee's salary package was reflective of their experience and equivalent to that offered to Australian workers in similar roles. It was satisfied that there was no adverse information concerning the nominator and that the nominator had a satisfactory record of compliance with workplace relations laws. The Tribunal also concluded that there was a genuine need for the position, which could not be filled by an Australian citizen or permanent resident, and that the duties corresponded to an ANZSCO occupation. The Tribunal was satisfied that all relevant criteria under regulation 5.19(4) were met.

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