Egrowcery Pty Ltd (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration to refuse approval of a nomination of a position in Australia. The applicant, Egrowcery Pty Ltd, sought to nominate a position under the Direct Entry nomination stream of Regulation 5.19 of the Migration Regulations 1994. The delegate's refusal was based on the grounds that the nomination did not satisfy Regulation 5.19(4)(d), which requires the nominated employee to be employed in the position full-time for at least two years.

The primary legal issue before the Tribunal was whether Egrowcery Pty Ltd met all the requirements for approval of the nomination under Regulation 5.19(4). This involved an assessment of various criteria, including the application being in the approved form, the nominator actively and lawfully operating a business in Australia, the absence of adverse information known to Immigration, satisfactory compliance with workplace relations laws, and the genuine need for the position and its associated training requirements.

The Tribunal considered the evidence presented, including Business Activity Statements demonstrating the company's operations and sales, and submissions regarding the specific skills and experience of the nominated employee, Mr. Welch. The Tribunal found that Egrowcery Pty Ltd met the requirements of Regulation 5.19(4)(a), (b), (f), and (g). Crucially, regarding Regulation 5.19(4)(h)(ii), which applies to positions located in regional Australia, the Tribunal was satisfied that there was a genuine need for the ICT Project Manager position, that it could not be filled by a local Australian citizen or permanent resident due to the specific skills required, and that the position and business were located in regional Australia.

Based on its findings that all relevant requirements of Regulation 5.19(4) were met, the Tribunal set aside the delegate's decision and substituted a decision approving the nomination.