Lakash Supermarket Pty Ltd (Migration)

This matter concerned an application by Lakash Supermarket Pty Ltd for approval of a nomination for a Supermarket Retail Manager position under the Direct Entry Nomination stream. The Tribunal was required to determine whether the nomination met the requirements of regulation 5.19(4) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominated position and the nominator satisfied all the criteria stipulated in regulation 5.19(4) for the approval of an employer nomination. This involved assessing whether the tasks of the position corresponded to an ANZSCO level 2 occupation, whether there was a genuine need for the position that could not be filled by an Australian citizen or permanent resident, and whether the terms and conditions of employment were no less favourable than those offered to local workers. The Tribunal also considered requirements relating to the nominator's business operations, compliance with workplace relations laws, and the absence of adverse information known to Immigration.

The Tribunal found that the nominated position of Supermarket Retail Manager, ANZSCO 142111, aligned with the duties and responsibilities of the applicant. It was satisfied that there was a genuine need for the position within the nominator's mid-size retail business, particularly given the challenges of recruiting and retaining experienced management in such businesses. Evidence of salary determination, recruitment processes, and advertising supported the nominator's claims. The Tribunal also confirmed that the nominated salary of $52,000 plus superannuation was appropriate and comparable to similar roles in the market. Furthermore, the Tribunal was satisfied that the nominator had a satisfactory record of compliance with relevant laws and that no adverse information was known to Immigration.

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