Good Food Langtree Pty Ltd ATF Goodfood Langtree Unit Trust (Migration)

This matter concerned an application by Good Food Langtree Pty Ltd ATF Goodfood Langtree Unit Trust for approval of a nomination of a position under the Direct Entry nomination stream. The applicant sought to nominate Mr Navjot Singh for the position of Retail Manager. The core of the dispute revolved around whether the applicant met the various requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994 for the approval of such a nomination. The decision was made by Jane Bell.

The legal issues before the Tribunal were whether the applicant had satisfied all the requirements of regulation 5.19(4) for the approval of the nomination. Specifically, the Tribunal considered whether the application was compliant (reg 5.19(4)(a)), whether the nominator was actively and lawfully operating a business in Australia (reg 5.19(4)(b)), whether there was no adverse information known to Immigration (reg 5.19(4)(f)), whether the nominator had a satisfactory record of compliance with workplace relations laws (reg 5.19(4)(g)), and whether the tasks of the position, the genuine need for the position, and training requirements were met (reg 5.19(4)(h)).

The Tribunal found that the applicant had met the requirements of regulation 5.19(4)(a) as the application was in the approved form, and there was evidence of a need to employ the nominee under the nominator's direct control, supported by employment contracts and an organisational chart. The Tribunal was satisfied that the nominator had a satisfactory record of compliance with workplace relations laws, as indicated by information from the Fair Work Ombudsman. Furthermore, the Tribunal determined that the requirements of regulation 5.19(4)(f) were met, as no adverse information was known to the Department regarding the nominator or associated persons. Crucially, the Tribunal found that the requirements of regulation 5.19(4)(h) were satisfied, noting that the nominator operated multiple businesses across Victoria, with the director residing in Melbourne due to family commitments. The nominee was employed as a Retail Manager to run one of the Mildura Subway businesses, fulfilling an essential role in achieving the business's strategic and operational goals.

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