DONGMUN GREENTEC PTY LTD (Migration)

This matter concerned an appeal by Dongmun Greentec Pty Ltd against a decision to refuse its nomination application under the Direct Entry nomination stream. The core dispute revolved around whether the applicant had demonstrated a genuine need to employ a paid accountant, particularly one with bilingual capabilities, to work in its regional project.

The Tribunal was required to determine if the applicant met the requirements of regulation 5.19(4) of the Migration Regulations 1994, specifically focusing on whether there was a genuine need for the nominated position of an accountant under the nominator's direct control, and whether the applicant had satisfied the other criteria for approval of the nomination. This included assessing the applicant's business operations, the projected workforce expansion, and the specific accounting needs arising from its project in Deniliquin.

The Tribunal found that the applicant had established a genuine need for a full-time accountant. It reasoned that the company was in the initial stages of a significant ethanol plant construction project, which was due to commence in early to mid-2017, and anticipated a rapid increase in its workforce to at least 50 people. The nominated accountant was required to manage payroll and taxation for this expanding workforce, as well as general accounting tasks. Crucially, the Tribunal accepted the evidence that a Korean-speaking accountant was necessary due to the company's Korean parentage and investor base, and the need to handle documentation in both English and Korean. The Tribunal also noted the recent resignation of a previous accounting manager had heightened the urgency of the recruitment. Furthermore, the Tribunal was satisfied that the applicant met the other regulatory requirements concerning the business's location in regional Australia, compliance with workplace relations laws, and the absence of adverse information.

Consequently, the Tribunal set aside the delegate's decision and substituted a decision approving the nomination.