Level Up Studies Pty Ltd (Migration)

This matter concerned an application by Level Up Studies Pty Ltd for approval of a nominated position under the Direct Entry stream of the Employer Nomination scheme. The applicant, an international education agency, sought to nominate a Contract Administrator to negotiate and maintain contracts with educational institutions. The core of the dispute revolved around whether the applicant had demonstrated a genuine need for this position to achieve its business goals, which included increasing commission income and expanding its client base. The decision was made by Susan Reece Jones, a Member of the Tribunal.

The legal issue before the Tribunal was whether the applicant met all the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the application was compliant, if there was a genuine need for the nominated position, and if the applicant’s business operations and future goals substantiated this need. The Tribunal was required to assess the evidence provided by the applicant, including statements about its business, organisational chart, and submissions regarding the essential nature of the Contract Administrator role.

The Tribunal reasoned that the applicant had satisfied the requirements of regulation 5.19(4). It found that the application was in the approved form, accompanied by the prescribed fee, and included the necessary certification regarding conduct. Crucially, the Tribunal accepted the applicant's evidence demonstrating a continuing need for a Contract Administrator. The applicant's business, an international education agency earning commission from student recruitment, relied on negotiating and maintaining optimal contracts with universities and other institutions. The Tribunal acknowledged that the applicant's goal of increasing profit margins and expanding its reach, including into primary and secondary school markets and international agencies, necessitated the continuous management of these contractual relationships. The Tribunal concluded that the nominated position was essential to achieving these business objectives.

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