EMBRACING CHILDREN KARRATHA PTY LTD (Migration)

This matter concerned an application by Embracing Children Karratha Pty Ltd for approval of a nomination for an Early Childhood (Pre-Primary School) Teacher under the Direct Entry nomination stream. The applicant sought to nominate a position within its business, EC Junior Education Maryborough in Queensland. The dispute arose when the Department refused the nomination, a decision which the applicant sought to have reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if there was a genuine need for a paid employee in the nominated position, if the proposed terms and conditions of employment were no less favourable than those offered to Australian citizens or permanent residents for equivalent work, and if the applicant had provided adequate information to satisfy these criteria.

The Tribunal affirmed the decision to refuse the nomination. It noted that the Department had requested further information regarding the genuine need for a paid employee, the terms and conditions of employment, and Regional Certifying Body advice, to which the applicant initially failed to respond. While substantial documentation was eventually provided to the Tribunal shortly before a scheduled hearing, including financial reports and a Regional Certifying Body Advice, the Tribunal found the information insufficient to satisfy the requirements of the regulations. The Tribunal concluded that it was not satisfied that the applicant had met the applicable criteria for the nomination to be approved.