India Junction Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a decision to refuse the nomination of a position under the Direct Entry nomination stream. The applicant sought approval for a nominated position, which was refused by the Department. The Tribunal was tasked with reviewing this refusal.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for the approval of a nominated position under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant satisfied the criteria outlined in regulation 5.19(4)(h), which sets out alternative requirements for nomination approval, particularly concerning the need for a paid employee and certification from a regional certifying body.

The Tribunal reasoned that the applicant, having applied for a Regional Sponsored Migration Scheme position, was required to meet the second set of requirements under regulation 5.19(4)(h)(ii). A crucial element of these requirements, stipulated in regulation 5.19(4)(h)(ii)(F), is advice from a regional certifying body located in the same State or Territory as the position. The Tribunal found no evidence on the Department's file, nor any provided by the applicant to the Tribunal, that such necessary certification had been obtained. Consequently, the Tribunal concluded that the requirements of regulation 5.19(4)(h) were not met. As the applicant had not sought to satisfy the criteria under the Temporary Residence Transition Nomination stream (regulation 5.19(3)), the nomination could not be approved.

The Tribunal affirmed the decision under review to refuse the nomination.