Leading Well Pty Ltd (Migration)

This matter concerned an application by Leading Well Pty Ltd for approval of a nomination under the Direct Entry stream, specifically for a Naturopath position. The core dispute revolved around whether the applicant had provided sufficient evidence to satisfy the various requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994. The decision was made by Michael Cooke.

The legal issues before the Tribunal were whether the applicant met all the criteria for nomination approval under the Direct Entry stream. This included assessing whether the application was compliant, if the nominator was actively and lawfully operating a business in Australia, if the position was not a labour-hire arrangement, if there was no adverse information known to Immigration, and if there was satisfactory compliance with workplace relations laws. Crucially, the Tribunal had to determine if the tasks of the nominated position were genuine and met the training requirements, as outlined in regulation 5.19(4)(h).

The Tribunal reasoned that the applicant had satisfied the requirements of regulation 5.19(4)(a) by submitting the application in the approved form and identifying a genuine need for a paid employee under the nominator's direct control. It was also satisfied that the nominator was actively and lawfully operating a business in Australia, meeting regulation 5.19(4)(b), and that the position was not a labour-hire arrangement under regulation 5.19(4)(c). Furthermore, the Tribunal found no adverse information known to Immigration (regulation 5.19(4)(f)) and no evidence of non-compliance with workplace relations laws (regulation 5.19(4)(g)). Regarding regulation 5.19(4)(h), the Tribunal accepted that the tasks of the Naturopath position corresponded to an occupation specified by the Minister and that the nominee had been employed in the role since 2008, with the tasks aligning with the job description.

Consequently, the Tribunal decided to set aside the original decision and substitute it with a decision approving the nomination.