Eastern Australia Agriculture Pty Ltd (Migration)

This matter concerned an application by Eastern Australia Agriculture Pty Ltd (EAA) for approval of a nomination for the position of Contract Administrator under the Regional Sponsored Migration Direct Entry stream. The application was heard by Member Karen McNamara.

The primary legal issue before the Tribunal was whether EAA met all the requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994 for the approval of the employer nomination. This involved assessing whether the application was in the approved form, identified a genuine need for the position under the nominator's direct control, that the nominator was actively and lawfully operating a business, and that the terms and conditions of employment were no less favourable than those offered to Australian citizens or permanent residents. Further considerations included whether there was adverse information known to Immigration about the nominator, satisfactory compliance with workplace relations laws, and specific requirements related to the position's location in regional Australia and the inability to fill it with a local resident.

The Tribunal found that EAA satisfied the requirements of regulation 5.19(4). It was satisfied that the application was in the approved form, that there was a genuine need for the Contract Administrator position, which was an existing role that had become vacant. The Tribunal also noted that EAA was a substantial agribusiness operating in regional Queensland, and there was no evidence of adverse information or non-compliance with workplace relations laws. Crucially, the Tribunal determined that the position met the criteria for being located in regional Australia and that there was a genuine need for the role, which could not be filled by a local Australian citizen or permanent resident.

Consequently, the Tribunal set aside the original decision and substituted a decision approving EAA's nomination for the Contract Administrator position.