Karma Darwin Pty Ltd (Migration)

The case of *Karma Darwin Pty Ltd (Migration)* concerned an application for approval of a nomination under the Direct Entry stream of the Migration Regulations 1994. The applicant, Karma Darwin Pty Ltd, sought to nominate Mr Duffy for a position as Food and Beverage Manager. The dispute arose from a decision under review concerning the approval of this nomination.

The court was required to determine whether the applicant met all the requirements for the approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994. Specifically, the court had to assess compliance with provisions relating to the application form and fee, the nominator actively and lawfully operating a business, the nominated position not being labour-hire, the terms and conditions of employment, the absence of adverse information known to Immigration, satisfactory compliance with workplace relations laws, and the genuine need for the position and its associated tasks.

The court found that the applicant had satisfied each of the relevant requirements. The nomination application was in the approved form, accompanied by the prescribed fee, and identified a genuine need to employ Mr Duffy under the nominator's direct control. Evidence, including ASIC documents and financial statements, demonstrated that the nominator was actively and lawfully operating its business and was not engaged in labour hire activities. The court also considered a prior formal warning issued to the applicant, but concluded that it was reasonable to disregard this adverse information given the circumstances at the time and the absence of further issues. Furthermore, the applicant provided assurances and lacked any evidence of breaches of workplace relations laws. The court was satisfied that the position and the nominator's business met the criteria for genuine need and correspondence to the nominated occupation.

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