Cleaning Solutions Brisbane Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination for a position under the Direct Entry stream. The applicant, Cleaning Solutions Brisbane Pty Ltd, sought approval for the nomination of an office manager, who was also a representative of the applicant company. The Tribunal considered 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 primary legal issue before the Tribunal was whether Cleaning Solutions Brisbane Pty Ltd satisfied all the criteria stipulated in regulation 5.19(4) for the approval of its nomination. This involved assessing various aspects of the application, including the compliance of the application form and fee, the active and lawful operation of the business, whether the position constituted labour-hire, the proposed terms of employment, the absence of adverse information, satisfactory compliance with workplace relations laws, and crucially, the genuine need for the nominated position and the correspondence of its tasks with an eligible occupation, along with any applicable training or regional certification requirements.

The Tribunal found that the applicant met each of the requirements under regulation 5.19(4). It was satisfied that the application was compliant, the business was actively and lawfully operating, and the position was not labour-hire. The terms of employment were deemed appropriate, and no adverse information was known to Immigration. Furthermore, the Tribunal was satisfied that there was a genuine need for the nominee to be employed as an office manager, that the tasks of the position corresponded to the ANZSCO occupation code 512111, and that the nominee would perform these tasks in Australia.

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