Cosh Corp Pty Ltd ATF T.N and E.M Cosh Family Trust (Migration)

This matter concerned an application by Cosh Corp Pty Ltd ATF T.N and E.M Cosh Family Trust for approval of a nomination for a position under the Direct Entry nomination stream. The applicant sought to nominate a Chef position located in regional Australia. The core of the dispute revolved around whether the applicant met the various requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994 for the approval of such a nomination.

The Tribunal was required to determine if the nominator, Cosh Corp Pty Ltd, was actively and lawfully operating a business in Australia, if the proposed Chef duties aligned with the relevant ANZSCO descriptor, and if there was a genuine need for the position that could not be filled by a local Australian citizen or permanent resident. Further issues included assessing the nominator's compliance with workplace relations laws, the absence of adverse information known to Immigration, and whether the terms and conditions of employment for the nominated individual were no less favourable than those offered to an Australian citizen or permanent resident performing equivalent work.

The Tribunal found that Cosh Corp Pty Ltd, trading as Dome Albany in Western Australia, was a lawfully operating business with a significant turnover and a substantial number of employees. Evidence was presented demonstrating that the proposed Chef duties were consistent with the ANZSCO descriptor and that the position was located in regional Australia. Crucially, the Tribunal was satisfied that a Regional Certifying Body had advised that the position could not be filled locally and that the nominator had a satisfactory record of compliance with workplace relations laws. The Tribunal also confirmed the absence of adverse information known to Immigration.

Consequently, the Tribunal concluded that the applicant met all the necessary requirements under regulation 5.19(4) for the approval of the nomination. The decision under review was set aside, and a substituted decision approving the nomination was made.