D.B. Mcdowell Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination for a skilled migration visa under the Direct Entry stream. The nominator, D.B. McDowell Pty Ltd, operating as McDowell Accountants in Bathurst, New South Wales, sought to nominate an Assistant Accountant. The core dispute revolved around whether the nominator met the various legislative requirements for approving the nomination, particularly concerning the genuine need for the position and the ability to fill it locally.

The Tribunal was required to determine if the nomination satisfied the criteria set out in regulation 5.19(4) of the Migration Regulations 1994. This involved assessing whether the application was compliant, if there was any adverse information known to the Department about the nominator, and if the nominator had a satisfactory record of compliance with workplace relations laws. Crucially, the Tribunal had to consider the specific requirements for nominations located in regional Australia, including whether there was a genuine need for the paid position under the nominator's direct control, if the position could not be filled by a local Australian, if the tasks of the position corresponded to an eligible occupation, and if a regional certifying body had provided favourable advice.

In its reasoning, the Tribunal found that the application was compliant and that there was no adverse information known to the Department that could not be disregarded. It also accepted that the nominator had a satisfactory record of compliance with workplace relations laws. Regarding the regional nomination requirements, the Tribunal was satisfied that there was a genuine need for the Assistant Accountant position, given the size and nature of the practice, and that attempts to recruit locally had been unsuccessful over a significant period. The Tribunal accepted that the duties of the Assistant Accountant aligned with the ANZSCO description of an Accountant (General) and that the nominator had received current advice from the regional certifying body confirming the genuine need and the inability to fill the position locally.

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