MAN OFFICE (AUSTRALIA) PTY LTD (Migration)

This matter concerned an application by MAN OFFICE (AUSTRALIA) PTY LTD for approval of a nominated position under the Direct Entry nomination stream of the Regional Sponsored Migration Scheme. The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant had established a genuine need for a paid employee to work in the nominated position under their direct control, and whether the nominated position itself was sufficiently detailed and aligned with the applicant's business activities. The Tribunal also considered the onus of proof in administrative inquiries, noting that while there is no formal onus, the applicant must provide sufficient material to enable the decision-maker to establish the relevant facts, and the Tribunal is not obliged to fill gaps in the applicant's case.

The Tribunal affirmed the decision to refuse the nomination. It found that while the application form was compliant and the fee paid, the applicant had not sufficiently demonstrated a genuine need for the nominated position. The applicant, Man Office, is the parent company of Sunshine Energy Australia Pty Ltd, established for a specific solar farm project. Although evidence was provided of Sunshine Energy's engagement in planning activities for this project, the Tribunal was not satisfied that the nominated role, described as a "Business Development Manager," was clearly defined or that its duties corresponded to the applicant's business activities. The Tribunal noted that the applicant's evidence regarding the nominee's responsibilities was vague and did not provide sufficient detail to establish a genuine need for the position within Man Office's direct control.

Consequently, the Tribunal concluded that the applicant had not satisfied the requirements of regulation 5.19(4) and therefore affirmed the decision under review to refuse the nomination.