DANTA PETROLEUM PTY LTD (Migration)

This matter concerned an application by Danta Petroleum Pty Ltd for the approval of a nominated position under the Direct Entry stream of the Employer Nomination scheme. The applicant sought approval for a Retail Manager (General) position. The Administrative Appeals Tribunal was required to determine whether the applicant met all the requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994 for the approval of the nominated position.

The Tribunal considered each of the requirements under regulation 5.19(4). It found that the application was compliant, the nominator was actively and lawfully operating a business in Australia, and the nominated position was not a labour hire arrangement. Furthermore, the Tribunal was satisfied that there was no adverse information known to Immigration concerning the nominator, and the nominator had a satisfactory record of compliance with workplace relations laws. Crucially, the Tribunal found that the nominated position, located in regional Australia, met the requirements concerning the genuine need for the position, its correspondence to an ANZSCO occupation, and the inability to fill it with a local Australian citizen or permanent resident.

In reaching its decision, the Tribunal meticulously reviewed the financial records, employment contracts, and submissions provided by the applicant. It applied the principles of assessing the genuineness of a position by qualitatively comparing the role with the nominated occupation, as affirmed in *Cargo First Pty Ltd v MIBP* [2016] FCA 30. The Tribunal was satisfied that the evidence demonstrated that the applicant met all the necessary criteria under regulation 5.19(4). Consequently, the Tribunal set aside the original decision and substituted a decision approving the nomination.