Cabot Square WA Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning the nomination of an Accountant (General) position under the Direct Entry stream. The applicant, Cabot Square WA Pty Ltd, sought approval for a nomination for a visa applicant to fill this role within their suburban Perth accounting practice. The core dispute revolved around whether the nominated position and the terms of employment met the requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was required to determine if the nominated position's tasks corresponded to the specified occupation of Accountant (General), if there was a genuine need for the position that could not be filled by an Australian citizen or permanent resident, and if the terms and conditions of employment were no less favourable than those offered to local workers. Additionally, the Tribunal had to consider whether the nominator had a satisfactory record of compliance with workplace relations laws and if there was any adverse information known to Immigration about the nominator.

In its reasoning, the Tribunal found that the visa applicant's qualifications and responsibilities aligned with the duties of an Accountant (General). It accepted evidence of the nominator's genuine recruitment efforts, including extensive advertising, and noted that the employment contract did not expressly exclude the possibility of extending employment beyond the initial term. The Tribunal also found that the nominated salary and terms of employment were equivalent to those offered to Australian employees in similar roles. Furthermore, the Tribunal was satisfied that the nominator had a satisfactory record of compliance with workplace relations laws and that no adverse information was known to Immigration.

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