Latino Australia Education (Perth) Pty Ltd (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, Latino Australia Education (Perth) Pty Ltd, sought approval for a nominated position, and the Tribunal was tasked with determining whether the requirements of regulation 5.19(4) of the Migration Regulations 1994 were met.

The primary legal issue before the Tribunal was to assess whether Latino Australia Education (Perth) Pty Ltd satisfied all the criteria stipulated in regulation 5.19(4) for the approval of the nominated position. This involved examining various aspects, including the compliance of the application form and fee, the identification of a genuine need for a paid employee, the nominator's active and lawful operation of a business, the terms and conditions of employment, the absence of adverse information, satisfactory compliance with workplace relations laws, and the correspondence of the position's tasks with an eligible occupation, particularly in regional Australia.

The Tribunal's reasoning focused on a detailed assessment of the evidence presented against each sub-regulation of 5.19(4). It found that the application was compliant, the nominator was actively operating a business, and the terms and conditions offered were no less favourable than those for an Australian citizen or permanent resident. Crucially, the Tribunal accepted the advice from the Regional Certifying Body (State of Western Australia) that the nomination met the requirements for a position in regional Australia, including a genuine need and the inability to fill the role with a local Australian. The Tribunal was satisfied that the tasks of the nominated position corresponded to the relevant ANZSCO occupation and that the nominated person's qualifications were consistent with the required skill level.

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