Carisbrook Collision Repair Centre Pty Ltd (Migration)

This matter concerned an application for approval of a nomination under the Direct Entry stream of the Regional Sponsored Migration Scheme (RSMS). The applicant, Carisbrook Collision Repair Centre Pty Ltd, sought to nominate an employee for a position as a Panelbeater. The delegate had refused the application, finding that the nominator had not satisfied the requirement to identify a need for a paid employee to work in the position under the nominator's direct control. The Tribunal was asked to review this decision.

The primary legal issue before the Tribunal was whether Carisbrook Collision Repair Centre Pty Ltd met all the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the nominator had identified a genuine need for the position, if the terms and conditions of employment were equivalent to those offered to Australian workers, and if the nominator had a satisfactory record of compliance with relevant laws. The Tribunal also considered whether the position could be filled locally and if the business was financially viable and operating lawfully.

The Tribunal found that the nominator had provided sufficient evidence to satisfy the requirements of regulation 5.19(4). It accepted that the nominated salary and terms of employment were appropriate and equivalent to those for similar roles, noting the difficulty in recruiting and retaining skilled staff in the automotive repair industry. The Tribunal also considered evidence of recruitment efforts and advertising, and the issuance of an RCB Certificate, indicating compliance measures. Furthermore, the Tribunal was satisfied that there was no adverse information known to Immigration regarding the nominator and that the nominator had a satisfactory record of compliance with workplace relations laws.

Consequently, the Tribunal set aside the delegate's decision and substituted a decision approving the nomination.