HC Pastoral Pty Ltd (Migration)

This matter concerned an application by HC Pastoral Pty Ltd for approval of its nomination for the position of livestock manager, classified as a Beef Cattle Farmer under ANZSCO code 121312, with Ms Merritt as the nominated employee. The dispute arose from the delegate's decision to refuse the nomination, which HC Pastoral sought to have set aside. The court was required to determine whether HC Pastoral was actively, lawfully, and directly operating a business in Australia, and whether Ms Merritt was employed by HC Pastoral and worked under its direct control, as stipulated by the Migration Regulations 1994.

The court considered whether HC Pastoral, acting as an agent for a partnership, could be considered to be "directly operating" the business for the purposes of regulation 5.19(4)(b). The court noted that the Management and Agency Agreement clearly outlined HC Pastoral's role as an agent for the partnership, and that the corporate structure was consistent with this arrangement. The fact that HC Pastoral did not generate its own profit or earn a fee did not preclude it from actively and lawfully operating the business as an agent. The court found that the business being operated by HC Pastoral was the agricultural business of the HC Grazing partnership, and that it operated this business as an agent for the partnership.

Ultimately, the Tribunal was satisfied that HC Pastoral met the requirements of regulation 5.19 for the approval of the nomination. The decision under review was set aside, and a decision approving the nomination was substituted.