Kings Lake Estate Pty Ltd (Migration)

This matter concerned an application by Kings Lake Estate Pty Ltd for approval of a nomination under the Direct Entry nomination stream. The Administrative Appeals Tribunal, constituted by Member Cathrine Burnett-Wake, was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994. The core of the dispute revolved around the sufficiency of evidence provided by the nominator to satisfy the genuine need for the nominated position and the inability to fill it with a local Australian worker.

The Tribunal was tasked with determining whether the nominator had satisfied all the mandatory criteria under regulation 5.19(4) for the Direct Entry nomination stream. Specifically, the Tribunal had to consider whether there was a genuine need for the nominee to be employed, whether the position could not be filled by a locally resident Australian citizen or permanent resident, and the weight to be given to advice provided by a Regional Certifying Body. The Tribunal noted that while the advice from the Regional Certifying Body addressed certain criteria, this advice was not conclusive and the Tribunal was required to make its own findings on those matters.

The Tribunal's reasoning focused on the fact that it did not have before it the information upon which the Regional Certifying Body based its advice. While acknowledging the advice itself satisfied a specific regulatory requirement (r.5.19(4)(h)(ii)(F)), the Tribunal found it was not satisfied of the underlying matters about which the advice was provided, such as the genuine need for the position and the inability to fill it with a local worker. Consequently, the Tribunal concluded that the applicant had not met the requirements of regulation 5.19(4). The Tribunal affirmed the decision under review to refuse the nomination.