Curium Pty Limited (Migration)

This matter concerned an application for approval of a nomination for a position under the Direct Entry stream of the Subclass 186 (Employer Nomination Scheme) visa. The applicant, Curium Pty Limited, sought approval for a nominated position as a cook. The decision was made by Amanda Mendes Da Costa, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the general requirements for approval of a nomination as set out in regulation 5.19(4) and the stream-specific requirements for the Direct Entry stream under regulation 5.19(9) of the Migration Regulations 1994. These regulations encompass various criteria, including the application process, the nominator's compliance with employment laws, the genuine need for the position, and the nominator's ability to operate a lawful business in Australia.

The Tribunal considered extensive documentary evidence, including company records, financial statements, employment contracts, and market research. It found that the applicant had satisfied the requirements of regulation 5.19(4), including having a satisfactory record of compliance with employment laws and having paid the necessary training contribution charge. Crucially, the Tribunal was satisfied that the applicant was actively and lawfully operating a business in Australia, as required by regulation 5.19(9)(a), and that there was a genuine need for the nominated cook position.

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