Krisha Jeet Trading Pty Ltd ATF For Krisha Jeet Trust (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an application for approval of a nomination of a position under the Direct Entry nomination stream. The applicant, Krisha Jeet Trading Pty Ltd ATF For Krisha Jeet Trust, sought to nominate Ms Dodiya for the position of Retail Store Manager (ANZSCO 142111) for its Boost Juice franchise in South Hedland. The delegate had previously been unsatisfied that the tasks of the nominated position corresponded to those described in ANZSCO 142111.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994. This involved assessing various criteria, including the application's compliance, the absence of adverse information, satisfactory compliance with workplace relations laws, and crucially, whether the tasks of the nominated position genuinely corresponded to the ANZSCO description, whether there was a genuine need for the position, and if the position was located in regional Australia.

The Tribunal considered extensive evidence provided by the applicant, including financial statements, tax returns, an organisational chart, payroll summaries, advertising evidence, a position description, market research, and payslips, as well as oral evidence from Mr Gurjar and Ms Dodiya. The Tribunal found that the applicant had met the requirements of regulation 5.19(4)(a) regarding the form and fee of the application, and that there was no adverse information known to Immigration under regulation 5.19(4)(f). Furthermore, the Tribunal was satisfied that the applicant had a satisfactory record of compliance with workplace relations laws under regulation 5.19(4)(g). Critically, in relation to regulation 5.19(4)(h)(ii), the Tribunal found that the nominated position was located in regional Australia, that there was a genuine need for the nominee to be employed under the nominator's direct control, and that the tasks of the position corresponded to those of a Retail Store Manager as defined by ANZSCO.

Consequently, the Tribunal concluded that the applicant met all the requirements of regulation 5.19 for the approval of the nomination. The Tribunal therefore set aside the original decision and substituted a decision approving the nomination.