Green Joe Australia Pty Ltd (Migration)

This matter concerned an application by Green Joe Australia Pty Ltd for approval of a nomination for a Retail Manager position under the Direct Entry stream of the Regional Sponsored Migration Scheme. The applicant sought to nominate Mr Baiguo JIANG for the position, which was to be located at Hermit Park, Queensland. The decision under review was the refusal to approve this nomination.

The Tribunal was required to determine whether the applicant met the various requirements for approval of a nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the court considered whether the nominator was actively and lawfully operating a business in Australia, whether the proposed employment was full-time for at least two years with terms and conditions no less favourable than those offered to Australian citizens or permanent residents, and whether there was a genuine need for the position in regional Australia that could not be filled locally. The Tribunal also examined the requirements relating to the absence of adverse information concerning the nominator and satisfactory compliance with workplace relations laws.

The Tribunal found that the nominator was actively and lawfully operating a business in Australia, having acquired the business in 2016 and operating it five days a week. It was satisfied that the position was located in regional Australia as defined by IMMI 16/045. The Tribunal also determined that there was a genuine need for the paid position under the nominator's direct control, which could not be filled by a local Australian citizen or permanent resident, and that the tasks corresponded to an occupation specified by the Minister. Furthermore, the Tribunal was satisfied that the nominator had a satisfactory record of compliance with workplace relations laws and that there was no adverse information known to Immigration.

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