Dreamedia Events Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination for a Technical Director position under the Direct Entry stream of the Employer Nomination scheme. The applicant was Dreamedia Events Pty Ltd, a substantial electronic media and events company based in Darwin, Northern Territory, which sought to nominate an individual for the Technical Director role.

The Tribunal was required to determine whether the nominated position and the nominating entity met the requirements for approval under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal needed to assess if there was a genuine need for the position, if the tasks corresponded to the nominated occupation, if the terms and conditions of employment were appropriate, and if the nominator had a satisfactory record of compliance with relevant laws.

The Tribunal found that the nominating entity operated a substantial business with significant revenue and profits. It accepted evidence that despite extensive advertising, no suitable Australian candidates were found for the Technical Director position, indicating a genuine need that could not be filled locally. The Tribunal was satisfied that the visa applicant's qualifications, experience, and responsibilities aligned with the duties of a Technical Director (ANZSCO 212317). Furthermore, the Tribunal considered the challenges of recruiting and retaining skilled staff in regional areas like Darwin. It concluded that the salary package offered was within the mid-quartile for similar positions and met the equivalence requirements for Australian workers. The Tribunal also found that the nominator had a satisfactory record of compliance with workplace relations laws and that there was no adverse information known to Immigration.

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