Hartley Lifecare Incorporated (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered a migration matter involving Hartley Lifecare Incorporated (the applicant) and the delegate's decision to refuse the approval of a nominated position. The dispute centred on whether the nominated position met the requirements for approval under the Direct Entry nomination stream of the Migration Regulations 1994.

The primary legal issue before the Tribunal was to determine if the applicant satisfied the criteria for approval of the nominated position under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether the tasks of the nominated position corresponded to the tasks of an occupation specified in a relevant written instrument, as required by regulation 5.19(4)(h)(i)(A) or 5.19(4)(h)(ii)(D).

The Tribunal's reasoning was based on the applicant's failure to respond to an invitation issued under section 359(2) of the Migration Act 1958, which requested updated and current information regarding the nominated position and the applicant's business. In the absence of this information, the Tribunal was unable to be satisfied that the nominated position's tasks aligned with the higher-skilled Disability Services Officer occupation, as opposed to a lower-skilled aged or disabled carer role. The Tribunal found that the applicant did not meet the requirements of regulation 5.19(4)(h) and, consequently, could not approve the nomination. The Tribunal affirmed the delegate's decision to refuse the nomination.