HV Trading Group Pty Ltd (Migration)

This matter concerned an application by HV Trading Group Pty Ltd for approval of a nominated position under the Direct Entry stream. The applicant sought to have a nomination approved, which had been refused by the delegate. The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal considered whether the application was compliant, whether the nominator was actively and lawfully operating a business in Australia, and whether the nominated position was a labour hire arrangement. It also examined the proposed term of employment for the visa holder, the absence of adverse information known to Immigration, and the nominator's compliance with workplace relations laws. Crucially, the Tribunal assessed whether the tasks of the position were genuine, whether there was a genuine need for the nominee to be employed in the position under the nominator's direct control, and whether the position could not be filled by a local Australian citizen or permanent resident, particularly given the position was located in regional Australia.

The Tribunal found that the application was made in the approved form and accompanied by the prescribed fee, and that the nominator was actively and lawfully operating a business in Australia. It was satisfied that the nominator did not operate a labour hire business and that the nominee had been employed for well in excess of the required two-year period, with provisions for extension. The Tribunal also found no adverse information and a satisfactory record of compliance with workplace relations laws. Regarding the genuine need for the position, the Tribunal was satisfied by the evidence that there was a genuine need for the nominee to be employed under the nominator's direct control, especially as attempts to fill the vacancy through advertisements had been unsuccessful, indicating a lack of suitably skilled local applicants.

Consequently, the Tribunal set aside the delegate's decision and substituted it with a decision approving the nomination.