Dongmun Greentec Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by Dongmun Greentec Pty Ltd for approval of a nominated position under the Direct Entry nomination stream. The dispute concerned whether the applicant had demonstrated a genuine need for the nominator to employ a paid employee to work in the nominated position of Pressure Welder under their direct control. The Tribunal was required to determine if the applicant met the requirements of regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal's reasoning focused on the requirement under regulation 5.19(4)(a)(ii) that the application must identify a need for the nominator to employ a paid employee to work in the position under their direct control. The Tribunal noted that no information had been provided to support the review application, and the delegate's original findings indicated that construction of the proposed plant had not commenced and funding was still being sought. Crucially, no information was submitted to the Tribunal regarding the current status of the proposed construction or the specific role the nominee would perform.

Consequently, the Tribunal was unable to find, based on the material before it, that there was a genuine need for the nominator to employ the nominee as a pressure welder. The applicant had failed to provide the requested information to satisfy this criterion. As the applicant had not met the requirements of regulation 5.19(4), the Tribunal affirmed the decision under review to refuse the nomination.