JA6 Pty Ltd ATF JA6 Investment Trust (Migration)

This matter concerned an application by JA6 Pty Ltd ATF JA6 Investment Trust for approval of an employer nomination for the position of Massage Therapist under the Regional Sponsored Migration Direct Entry stream. The applicant operates four day spa facilities under franchise agreements with Endota Spa, with the nominated position located in Glenelg, South Australia. The core dispute revolved around whether the applicant met all the requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994 for the approval of the nomination.

The Tribunal was required to determine whether the applicant satisfied the various criteria for nomination approval under regulation 5.19(4). Specifically, this included assessing if the application was in the approved form, identified a genuine need for a paid employee under the nominator's direct control, and if the nominator was actively and lawfully operating a business in Australia. Further considerations included whether there was any adverse information known to Immigration, if the nominator had a satisfactory record of compliance with workplace relations laws, and crucially, whether the position met the requirements of regulation 5.19(4)(h), particularly concerning its location in regional Australia and a genuine need for the nominated employee.

The Tribunal found that the applicant had met all the necessary requirements. It was satisfied that the application was compliant, that the nominator was actively and lawfully operating its day spa business, and that there was a genuine need for the position of Massage Therapist. The Tribunal also confirmed that the position was located in regional Australia, satisfying regulation 5.19(4)(h)(ii). Furthermore, the Tribunal found no evidence of adverse information concerning the nominator and noted a satisfactory record of compliance with workplace relations laws.

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