Go Australia Group Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered a dispute between Go Australia Group Pty Ltd (the applicant) and the Department of Home Affairs concerning the approval of a nomination for a Marketing Specialist position under the Temporary Residence Transition stream. The applicant sought to nominate a skilled worker for this position, but the delegate of the Minister refused to approve the nomination. The applicant subsequently sought review of this decision by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had met the requirements for approving the nomination under regulation 5.19(3) of the Migration Regulations 1994 (Cth), specifically concerning the financial capacity to employ the nominee, the genuine need for the position, and satisfactory compliance with workplace relations laws. The applicant initially also pursued an alternative ground under the Direct Entry nomination stream (regulation 5.19(4)), but this was later abandoned.

The Tribunal reasoned that the applicant had demonstrated a genuine need to employ the nominee as a Marketing Specialist, despite the transfer of its immigration consultancy business to a related entity, Referlegal. Evidence indicated that the applicant continued to provide administration and consulting services to Referlegal, and the nominee's role was essential for these services. The Tribunal was satisfied that the service fees paid by Referlegal were sufficient to cover the nominee's salary. Furthermore, the Tribunal found no evidence of unsatisfactory compliance with workplace relations laws or adverse information known to the Department. The Tribunal noted that the nominee had been stood down during the COVID-19 pandemic but was to be re-employed, and had indeed been re-employed shortly after the hearing.

Consequently, the Tribunal decided to set aside the delegate's decision and substitute a decision approving the nomination.