Integral Management Systems Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered a dispute concerning the approval of a nomination for a position under the Direct Entry stream of the skilled migration program. The applicant was Integral Management Systems Pty Ltd, the nominator, and the decision under review was a refusal to approve the nomination of a visa applicant for the role of Accountant (General). The Tribunal was tasked with determining whether the nominator met all the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominator had demonstrated a genuine need to employ a paid employee for the Accountant (General) position, which was located in regional Western Australia, and whether this position could not be filled by an Australian citizen or permanent resident. The Tribunal also had to consider the nominator's compliance with other requirements, including having no adverse information known to Immigration, a satisfactory record of compliance with workplace relations laws, and that the terms and conditions of employment would be no less favourable than those offered to an Australian worker.

The Tribunal reasoned that the nominator, a substantial consulting business operating in Canning Vale, Western Australia, had presented significantly more evidence than was available to the original decision-maker. This evidence included details of salary determinations, recruitment processes, advertising, and statements attesting to the genuine challenges of recruitment over a four-year period. The Tribunal acknowledged the difficulties in recruiting suitably qualified accountants in regional Western Australia and noted the extensive national and state-wide vacancies in the field, suggesting a high demand exceeding supply. Having considered this evidence, the Tribunal was satisfied that there was a genuine need for the position and that it could not be filled by an Australian citizen or permanent resident. The Tribunal also found that the nominator met the other regulatory requirements, including having no adverse information, satisfactory workplace relations compliance, and offering no less favourable terms and conditions of employment.

Consequently, the Tribunal set aside the original decision to refuse the nomination and substituted a decision approving the nomination.