Kajoku Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Kajoku Pty Ltd's application for approval of a nomination for a Cook position under the Direct Entry nomination stream. The applicant sought to have the original decision, which had refused the nomination, set aside.

The primary legal issue before the Tribunal was whether Kajoku Pty Ltd met all the requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994 for the approval of the nominated position. This involved assessing various criteria, including the nominator's operational status, the terms and conditions of employment, the absence of adverse information, satisfactory compliance with workplace relations laws, and the genuine need for the position and its alignment with specified occupations and training requirements.

The Tribunal considered evidence including the company's registration, an organisational chart, previous visa approvals for the nominee, employment contracts, and advertisements for the position. It found that the business was actively and lawfully operating, the employment terms were at least as favourable as those for an Australian citizen or permanent resident, there was no adverse information known to Immigration, and the nominator had a satisfactory record of workplace relations compliance. Crucially, the Tribunal was satisfied that the position was located in regional Australia, there was a genuine need for the role which could not be filled locally, and a relevant Regional Certifying Body had advised in favour of the nomination.

Consequently, the Tribunal set aside the original decision and substituted it with a decision approving Kajoku Pty Ltd's nomination for the Cook position.