Green Pickles Industries Pty Ltd ATF the Lanza Family Trust (Migration)

This matter concerned an application by Green Pickles Industries Pty Ltd ATF the Lanza Family Trust for approval of a nomination for the position of Retail Manager (General) under the Direct Entry stream of the Regional Sponsored Migration Scheme. The application was made in favour of Mr Anthony Lincy. The delegate of the Department of Home Affairs refused to approve the nomination, and this decision was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements for approval of the nomination under Regulation 5.19(4) of the Migration Regulations 1994, specifically concerning the genuine need for the nominated position and the associated training requirements. The Tribunal was required to consider whether the evidence provided by the nominator sufficiently demonstrated a genuine need for a paid employee in the nominated position under the nominator's direct control, as stipulated by Regulation 5.19(4)(h)(ii)(B).

The Tribunal's reasoning focused on the lack of sufficient particulars provided by the nominator to establish a genuine need for the Retail Manager position. While the nominator provided an employment contract, position description, and an organisation chart, the delegate found that these documents did not adequately explain why a paid employee was required for the role, particularly given the existing staffing profile and the presence of three senior management positions. The Tribunal noted that the nominator had not responded to an invitation to provide further information. Consequently, the Tribunal concluded that the nominator had failed to demonstrate a genuine need for the nominated position, a crucial requirement under Regulation 5.19(4)(h)(ii)(B).

As the nominator did not meet the requirements of Regulation 5.19(4)(h)(ii)(B), the Tribunal affirmed the delegate's decision to refuse the nomination. The Tribunal therefore affirmed the decision under review to refuse the nomination.