Euro Car Parts Pty Ltd (Migration)

This matter concerned an application by Euro Car Parts Pty Ltd for approval of a nomination for a Marketing Specialist position under the Regional Sponsored Migration Direct Entry stream. The delegate had refused the nomination, finding that the applicant had failed to demonstrate a genuine need to employ the nominee in the nominated position under their direct control. The Tribunal was required to determine whether the applicant met the general and stream-specific requirements for approval of the nomination under regulation 5.19 of the Migration Regulations 1994.

The primary legal issues before the Tribunal were whether the applicant had satisfied the requirements of regulation 5.19(4) and, specifically for the Direct Entry stream, regulation 5.19(9). These regulations require, among other things, that the nomination application identify a need for the identified person to be employed in the position and that there be a genuine need for this employment under the direct control of the nominator. The delegate's refusal was based on a lack of supporting documentation, such as an organisational chart or company statement, to demonstrate how the nominated position fit within the business structure and the absence of an employment contract to establish a commitment to employ the nominee for at least two years.

The Tribunal affirmed the delegate's decision to refuse the nomination. It found that the information provided by the applicant, including BAS returns and financial statements, did not afford persuasive evidence of a genuine need to employ the nominee as a Marketing Specialist under their direct control. The Tribunal noted that the onus was on the nominator to provide sufficient documentary evidence to support their claims regarding the genuine need for the position, and this had not been adequately discharged. Consequently, the Tribunal was not satisfied that the applicant met the requirements of regulation 5.19.