EIC GLOBAL (AUSTRALIA) PTY LTD (Migration)

This matter concerned an application by EIC Global (Australia) Pty Ltd for the approval of a nomination for a Marketing Specialist position under the Direct Entry stream. The Administrative Appeals Tribunal, constituted by Member Susan Reece Jones, was tasked with reviewing a decision that had refused to approve the nomination. The core of the dispute revolved around whether the nominator had demonstrated a genuine need for the nominated employee and whether the proposed employment met the regulatory requirements.

The Tribunal was required to determine if the applicant met all the criteria stipulated in regulation 5.19(4) of the Migration Regulations 1994 for the approval of a nominated position. Specifically, the Tribunal had to assess whether the application was compliant, if the nominator was actively and lawfully operating a business, if there was a genuine need for a paid employee in the nominated position under the nominator's direct control, and if the terms and conditions of employment were no less favourable than those offered to Australian citizens or permanent residents. The Tribunal also considered requirements relating to adverse information, compliance with workplace relations laws, and the correspondence of the position's tasks with the specified occupation.

The Tribunal found that while the initial delegate had concerns regarding the genuineness of the vacancy due to seemingly contradictory statements about the position's location and duration, the applicant had subsequently provided sufficient documentary and oral evidence to satisfy the requirements. The Tribunal was satisfied that the nominated position's duties corresponded to those of a Marketing Specialist (ANZSCO 225113) and that there was a genuine need for the nominee to be employed in that role under the nominator's direct control. Furthermore, the Tribunal found that the applicant met the requirements concerning the nominator's business operations, compliance with workplace laws, and the terms and conditions of employment.

Consequently, the Administrative Appeals Tribunal set aside the original decision to refuse the nomination and substituted a decision approving the nomination.