Central Cleaning Supplies (Aust) Trust (Migration)

The Administrative Appeals Tribunal considered a review of a decision to refuse the approval of a nomination under the Direct Entry stream of the Regional Sponsored Migration Scheme. The nominator, Central Cleaning Supplies (Aust) Trust, sought approval for a nominated position of Customer Service Manager for Mr Inderpal Singh. The dispute centred on whether the nominator met the requirements for approval of the nomination, particularly concerning the genuine need for the position and the advice received from the Regional Certifying Body.

The Tribunal was required to determine whether the applicant satisfied the criteria for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the court had to assess if there was a genuine need for the nominated position and whether the requirements relating to the Regional Certifying Body's advice, as stipulated in regulation 5.19(4)(h)(ii), had been met. The Tribunal also considered the alternative requirements under regulation 5.19(4)(h)(i) concerning the tasks of the position and training requirements.

The Tribunal affirmed the decision under review to refuse the nomination. The reasoning indicated that the requirements of regulation 5.19(4)(h)(ii) were not satisfied, as the advice from the Regional Certifying Body was unsatisfactory. While the nominator provided documentation and met some criteria, the failure to obtain satisfactory advice from the relevant body meant the nomination could not be approved under that stream. The Tribunal concluded that the applicant did not meet the necessary requirements for the approval of the nomination.