Char Bar Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a decision to refuse the approval of a nomination under the Migration Regulations 1994. The applicant, Char Bar Pty Ltd, sought to have a nominated position approved. The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination under the Direct Entry nomination stream, specifically as it applied to a Regional Sponsored Migration Scheme position.

The central legal issue before the Tribunal was whether the applicant had satisfied the requirements of regulation 5.19(4)(h) of the Migration Regulations 1994. This regulation outlines alternative criteria for the approval of nominated positions, with a particular focus on positions located in regional Australia. For a Regional Sponsored Migration Scheme position, regulation 5.19(4)(h)(ii)(F) requires that a regional certifying body, located in the same State or Territory as the position, has advised the Minister on specific matters.

The Tribunal found that the applicant had failed to provide any evidence that they had obtained the necessary certification from a regional certifying body, despite this being a mandatory requirement under regulation 5.19(4)(h)(ii)(F). This failure meant that the applicant did not meet the requirements of regulation 5.19(4)(h). As the applicant had not sought to satisfy the criteria under the Temporary Residence Transition Nomination stream (regulation 5.19(3)), the Tribunal concluded that the nomination could not be approved. Consequently, the Tribunal affirmed the decision under review to refuse the nomination.