CORAL COAST DISTRIBUTORS (CAIRNS) PTY LTD (Migration)

This matter concerned an application by Coral Coast Distributors (Cairns) Pty Ltd for approval of a nominated position under the Direct Entry stream of the Regional Sponsored Migration Scheme (Subclass 187) visa. The nominated occupation was Personal Assistant. The Administrative Appeals Tribunal was required to determine whether the applicant met the general requirements for approval of a nomination under regulation 5.19(4) and the stream-specific requirements under regulation 5.19(9) of the Migration Regulations 1994.

The Tribunal considered various regulatory requirements, including the application process, mandatory licensing, compliance with employment laws, and the nominator's business operations. Crucially, the Tribunal assessed whether there was a genuine need for the nominated position and whether it could be filled locally. The evidence presented included business tax returns, profit and loss statements, and ASIC registration details, which the Tribunal found satisfactory in demonstrating the nominator's active and lawful operation of a business in regional Australia.

In its reasoning, the Tribunal found that the application was lodged correctly and that the nominator had a satisfactory record of compliance with employment laws. It was satisfied that the nominator was actively and lawfully operating a business and that there was a genuine need for the nominated Personal Assistant role. The Tribunal noted the challenges in finding and retaining suitably qualified individuals for such positions in regional areas, particularly given the demands of the role, including travel requirements, harsh climatic conditions, and the need for substantial academic and experiential qualifications.

Ultimately, the Tribunal concluded that all relevant requirements of regulation 5.19 had been met. Consequently, the Tribunal set aside the original decision under review and substituted a decision approving the nomination.