Debbie's Seafood Pty Ltd (Migration)

This matter concerned an application by Debbie's Seafood Pty Ltd for approval of a nomination under the Direct Entry stream of the Regional Sponsored Migration Scheme. The nominated position was that of a Retail Manager, to be filled by Ms Harmeet Kaur, with the employment to be based in Mackay, Queensland. The applicant sought to have the decision under review set aside and a substitute decision approving the nomination made.

The primary legal issue before the Tribunal was whether Debbie's Seafood Pty Ltd met all the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal was required to consider whether the application was compliant, whether there was any adverse information known to the Department of Home Affairs, whether the applicant had a satisfactory record of compliance with workplace relations laws, and whether the nominated position met the criteria relating to its tasks, a genuine need for employment, and any applicable training requirements, particularly in the context of regional Australia.

The Tribunal found that the application was compliant with regulation 5.19(4)(a), including the requirement for the nominator to identify a need for a paid employee under their direct control. It was also satisfied that there was no adverse information known to the Department concerning the nominator or associated persons, meeting the requirements of regulation 5.19(4)(f). Furthermore, the Tribunal determined that Debbie's Seafood Pty Ltd had a satisfactory record of compliance with workplace relations laws, as required by regulation 5.19(4)(g). Crucially, the Tribunal found that the nominated position met the criteria under regulation 5.19(4)(h)(ii), which applies to positions located in regional Australia, where there is a genuine need for the nominee to be employed as a paid employee under the nominator's direct control, and the position corresponds to a specified occupation. The Tribunal confirmed that Mackay, Queensland, falls within the definition of 'Regional Australia' for the purposes of the regulations.

Accordingly, the Tribunal decided to set aside the decision under review and substitute a decision approving the nomination.