FOUR BIRDS DARWIN PTY LTD (Migration)

This matter concerned an application by Four Birds Darwin Pty Ltd for approval of a nomination under the Direct Entry stream. The applicant sought to nominate Mr Chang for the position of Café Manager. The Tribunal was required to determine whether the applicant met all the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994.

The legal issues before the Tribunal included whether the nomination application was compliant, whether the nominator was actively and lawfully operating a business in Australia, whether there was any adverse information known to Immigration, and whether the nominator had a satisfactory record of compliance with workplace relations laws. Crucially, the Tribunal also had to consider the requirements relating to the tasks of the position, the genuine need for the nominee to be employed, and specified training requirements, as detailed in regulation 5.19(4)(h).

The Tribunal found that the application was made in the approved form, accompanied by the prescribed fee, and identified a need to employ Mr Chang as a paid employee under the nominator’s direct control. Evidence, including ASIC records, business name registration, financial statements, and tax returns, satisfied the Tribunal that the nominator was actively and lawfully operating its business, Cyclone Café. The Tribunal was also satisfied that there was no adverse information known to Immigration and that the nominator had a satisfactory record of compliance with workplace relations laws. Based on the evidence presented, the Tribunal concluded that the applicant met all the requirements of regulation 5.19.

Consequently, the Tribunal set aside the original decision and substituted a decision approving the nomination.