LYNP PROJECTS & CONSTRUCTIONS PTY LTD (Migration)

This matter concerned an application for approval of a nomination under the Direct Entry nomination stream, brought by LYNP PROJECTS & CONSTRUCTIONS PTY LTD. The dispute arose when the Department of Immigration and Border Protection (now the Department of Home Affairs) refused to approve the nomination. The case was heard by Susan Trotter, who considered the application on the papers.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for approval of the nomination as stipulated in regulation 5.19(4) of the Migration Regulations 1994. This involved assessing various criteria, including the application's form and content, the nominator's business operations, the genuine need for the nominated position, compliance with workplace relations laws, and the location of the business and position within regional Australia.

The Tribunal found that the applicant had satisfied the requirements of regulation 5.19(4). It was satisfied that the application was in the approved form, identified a genuine need for a paid employee under the nominator's direct control, and that the business was lawfully operating in Australia. Furthermore, the Tribunal determined that the nominated position was located in regional Australia, that there was a genuine need for the position, and that it could not be filled by a local Australian citizen or permanent resident. The Tribunal also found no adverse information known to Immigration about the nominator and that the nominator had a satisfactory record of compliance with workplace relations laws.

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