Disability Services and Employment QLD Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a decision by Disability Services and Employment QLD Pty Ltd to refuse an employer nomination for a visa under the Direct Entry stream. The nomination was for a Disability Services Officer position in Nambour, Queensland, in favour of Mr Manpinder Singh.

The Tribunal was required to determine whether the nominated position met the requirements of regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal needed to assess if the position was located in regional Australia and if the tasks of the position corresponded to those of a Disability Services Officer (ANZSCO 411712), as required by the regulations.

The Tribunal found that the applicant had provided insufficient evidence to satisfy the requirement that the business was located in regional Australia, as mandated by reg 5.19(4)(h)(ii)(A). Furthermore, despite an invitation from the Tribunal to provide updated documentation, the applicant failed to respond, leaving the Tribunal to rely on outdated information. Consequently, the Tribunal could not be satisfied that the tasks of the nominated position corresponded to the specified occupation under reg 5.19(4)(h)(ii)(D). As the applicant had not sought to satisfy the criteria for the Temporary Residence Transition Nomination stream, the Tribunal affirmed the original decision to refuse the nomination.