LZM Group Pty Ltd (Migration)

The case involved an application by LZM Group Pty Ltd for approval of a nomination for a Retail Manager position under the Direct Entry nomination stream. The dispute centred on whether the applicant met all the requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994 for the approval of such a nomination. The decision was made by Karen McNamara, a Member of the Tribunal.

The Tribunal was required to determine if LZM Group Pty Ltd satisfied each of the criteria outlined in regulation 5.19(4), including that the application was in the approved form, identified a need for a paid employee under the nominator's direct control, that the nominator was actively and lawfully operating a business in Australia, and that there was no adverse information known to Immigration, or that any such information was reasonable to disregard. Furthermore, the Tribunal had to assess whether the nominator had a satisfactory record of compliance with workplace relations laws and, crucially, whether the requirements under regulation 5.19(4)(h) were met, specifically concerning the tasks of the position, a genuine need for the position in regional Australia, and the inability to fill the role with a local Australian citizen or permanent resident.

The Tribunal's reasoning involved a detailed examination of the evidence presented by LZM Group Pty Ltd against each subregulation of 5.19(4). It found that the application met the formal requirements of 5.19(4)(a) and that the business, a Chinese fast-food restaurant in Rockhampton, Queensland, was actively and lawfully operating, satisfying 5.19(4)(b). The Tribunal also found no adverse information under 5.19(4)(f) and a satisfactory compliance record under 5.19(4)(g). Critically, the Tribunal concluded that the requirements of 5.19(4)(h)(ii) were met, as the position was located in regional Australia, there was a genuine need for the role, and the tasks corresponded to an eligible occupation.

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