Kev Renovations Pty Ltd (Migration)

This matter concerned an application by Kev Renovations Pty Ltd for approval of an employer nomination for the position of Office Manager under the Regional Sponsored Migration Direct Entry stream. The delegate had refused the application, finding that the applicant had not satisfied regulation 5.19(4)(d) of the Migration Regulations 1994, as they were not satisfied that the applicant could provide the nominee with full-time employment for at least two years. The applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether Kev Renovations Pty Ltd had met the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the nominator had demonstrated a genuine need for the position, had the financial capacity to employ the nominee full-time for at least two years, and if the position could not be filled locally. The Tribunal also considered whether the application was otherwise compliant with the regulations, including aspects of the business operation and workplace relations compliance.

The Tribunal reasoned that while the delegate had focused on the financial capacity based on past financial statements, it had not adequately considered updated information provided by the applicant. The Tribunal noted that for the 2017/18 financial year, Kev Renovations Pty Ltd reported an annual turnover of $240,291, a net profit of $68,392, and total salary and wage expenses of $113,308. The Tribunal was satisfied that the business was actively and lawfully operating in regional Australia, that there was a genuine need for the Office Manager role due to the owner's inability to manage all administrative tasks, and that the applicant had advertised the position and received suitable applications. The Tribunal found that the applicant met the requirements of regulation 5.19(4)(h)(ii), which pertains to positions located in regional Australia where there is a genuine need that cannot be filled locally.

Consequently, the Tribunal set aside the delegate's decision and substituted a decision approving the nomination.