DLJ Holdings Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning the nomination of a position by DLJ Holdings Pty Ltd under the Direct Entry stream. The dispute centred on whether DLJ Holdings Pty Ltd met all the requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994 for the approval of its nomination for a Restaurant Manager position.

The Tribunal was required to determine if the applicant satisfied each of the criteria outlined in regulation 5.19(4), including whether the application was made in the approved form, if there was a genuine need for the nominated employee, if the nominator was actively and lawfully operating a business in Australia, if the terms and conditions of employment were no less favourable than those offered to Australian citizens or permanent residents, and if there was no adverse information known to Immigration. Crucially, the Tribunal had to assess whether the tasks of the nominated position corresponded to a specified occupation and if there was a genuine need for the position that could not be filled by a local Australian citizen or permanent resident, particularly in light of the advice from a regional certifying body.

The Tribunal found that DLJ Holdings Pty Ltd had met all the necessary requirements. It was satisfied that the application was compliant, the business was actively and lawfully operating, and there was no adverse information. Furthermore, the Tribunal accepted that the nominated employee had been working in the role for five years and that the employer had made reasonable attempts to advertise the position locally and could not find a suitable Australian candidate. The Tribunal concluded that the tasks of the Restaurant Manager position corresponded to the specified occupation and that there was a genuine need for the role, which could not be filled locally.

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