Galaxy International Pty Ltd (Migration)

This matter concerned an application for approval of a nomination under the Direct Entry nomination stream of the Migration Regulations 1994. The applicant was Galaxy International Pty Ltd, a rapidly expanding student placement, business consulting, and migration agency. The dispute arose from a decision to refuse the nomination, which the applicant sought to have reviewed by the Tribunal.

The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal needed to assess whether there was a genuine need for the nominated position, whether the terms and conditions of employment were no less favourable than those offered to Australian citizens or permanent residents, and whether the nominator had a satisfactory record of compliance with relevant laws. The Tribunal also considered the specific criteria for the Direct Entry stream, including the location of the position in regional Australia and the genuine need for the role.

In its reasoning, the Tribunal found that the nominated position, that of a Personal Assistant, aligned with the visa applicant's qualifications and experience. It acknowledged the challenges of recruiting in a specialised industry niche and noted the substantial evidence provided by the nominator regarding salary, recruitment processes, and advertising. The Tribunal researched market rates for similar positions and was satisfied that the nominated salary of $65,000 plus superannuation was appropriate and aligned with industry standards. Furthermore, the Tribunal found that the nominator had a satisfactory record of compliance with workplace relations laws and that there was no adverse information known to Immigration. The Tribunal was satisfied that there was a genuine need for the position, which could not be filled by an Australian citizen or permanent resident, and that the tasks corresponded to an occupation at the required ANZSCO skill level.

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