Dream Estate Enterprise Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Dream Estate Enterprise Pty Ltd's application for approval of a nomination for a position under the Direct Entry stream. The core dispute revolved around whether the applicant, Dream Estate Enterprise Pty Ltd, met the regulatory requirements for approving such a nomination, particularly concerning the capacity to employ a worker for at least two years and the financial viability of the business.

The Tribunal was required to determine if the applicant satisfied the criteria outlined in regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal considered whether the application was in the approved form and fee, identified a genuine need for a paid employee under the nominator's direct control, and whether the nominator was actively and lawfully operating a business in Australia. Further issues included whether the terms and conditions of employment were no less favourable than those offered to Australian citizens or permanent residents, the absence of adverse information known to Immigration, satisfactory compliance with workplace relations laws, and the fulfilment of specific tasks and training requirements for the nominated occupation.

The Tribunal found that the applicant had met all the necessary requirements. Evidence, including an employment contract, payslips, superannuation details, and bank statements, demonstrated that the nominee had continued to be employed for over two years since the delegate's initial decision, with a salary package of $94,065. Financial documentation, such as company tax returns and a strong asset-to-liability ratio, confirmed the business's financial capacity. The Tribunal also considered evidence of the business's active operation, compliance with workplace laws, and satisfaction of training benchmarks through a payment to a university scholarship fund, which exceeded the required percentage of payroll.

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