J PARMAR & SONS PTY LTD (Migration)

This matter concerned an application by J Parmar & Sons Pty Ltd for approval of a nomination for a Retail (Store) Manager position under the Direct Entry Nomination stream of the Regional Sponsored Migration Scheme. The applicant's business, a Pizza Hut franchise in Para Vista, South Australia, sought to employ a paid manager, with the Director claiming reduced availability due to managing multiple businesses. The Tribunal was required to determine whether the nomination met the requirements of regulation 5.19(4) of the Migration Regulations 1994.

The central legal issues before the Tribunal were whether the applicant had demonstrated a genuine need for a paid employee in the nominated position, that the position could not be filled by an Australian citizen or permanent resident living in the same local area, and whether the nominator had a satisfactory record of compliance with workplace relations laws and no adverse immigration information. The Tribunal also considered whether the nominated position corresponded to an occupation specified by the Minister and if the relevant training benchmarks were met, or alternatively, if the position was located in regional Australia and a Regional Certifying Body had advised the Minister.

The Tribunal found that the applicant's business, a seven-day-a-week pizza restaurant, genuinely required a store manager due to the Director's involvement in other businesses. The Tribunal accepted evidence that the nominee worked full-time in the management role and that there was no other management position in the store. Furthermore, the Tribunal was satisfied that the applicant had no adverse immigration information and a satisfactory record of compliance with workplace relations laws. The Tribunal concluded that the requirements of regulation 5.19(4)(e), (f), and (g) were met.

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