Lanmark Insulations Pty Ltd (Migration)

This matter concerned an application by Lanmark Insulations Pty Ltd for the approval of a nomination for a position under the Direct Entry stream. The Administrative Appeals Tribunal (the Tribunal) 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 Tribunal considered whether the applicant satisfied the requirements of regulation 5.19(4)(d) and (e). Regulation 5.19(4)(d) mandates that the nominee will be employed full-time in the nominated position for at least two years, with no express exclusion of the possibility of extension. Regulation 5.19(4)(e) requires that the terms and conditions of employment for the nominated position be no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work. The Tribunal also considered the requirements of regulation 5.19(4)(h)(ii), which pertains to positions located in regional Australia and includes conditions such as a genuine need for the position, the inability to fill it with a local resident, and advice from a Regional Certifying Body.

The Tribunal found that the applicant failed to provide sufficient contemporary information to satisfy the Tribunal that the nominee would be employed full-time for at least two years, or that the terms and conditions of employment would be no less favourable than those offered to local workers. This failure was exacerbated by the applicant's non-response to an invitation to provide further information under section 359(2) of the Migration Act 1958. Consequently, the Tribunal was not satisfied that the applicant met the requirements of regulations 5.19(4)(d) and 5.19(4)(e).

The Tribunal affirmed the decision under review to refuse the nomination.