Jumbo Interactive Limited (Migration)

This matter concerned an application for approval of a nomination for a position under the Direct Entry stream of the Migration Regulations 1994. The applicant sought to nominate a Marketing Specialist position. The Administrative Appeals Tribunal was required to determine whether the nominator met all the requirements for approval of the nomination as set out in regulation 5.19(4).

The legal issues before the Tribunal included whether the application was compliant, if the nominator was actively and lawfully operating a business in Australia, whether there was any adverse information known to Immigration, and if the nominator had a satisfactory record of compliance with workplace relations laws. Crucially, the Tribunal also had to consider whether the tasks of the nominated position corresponded to an occupation specified by the Minister, if there was a genuine need for the nominee to be employed in the position, and if specified training requirements were met.

The Tribunal found that the nominator, Jumbo Interactive Limited, was a listed company and the ultimate holding company of its subsidiary, Benon Technologies Pty Ltd, which was the employer of the nominee. It was satisfied that the nominator was actively and lawfully operating a business in Australia and that the application met the formal requirements. The Tribunal also found no adverse information and a satisfactory compliance record with workplace relations laws. Regarding the nominated position, the Tribunal was satisfied that the duties of a Marketing Specialist aligned with the relevant ANZSCO occupation and that there was a genuine need for the nominee. The Tribunal applied the principles from *Cargo First Pty Ltd v MIBP* [2016] FCA 30, qualitatively assessing the nominated position against the occupation description.

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