Melbourne IE Concreting Pty Ltd (Migration)

This matter concerned an application for approval of a nomination of a position under the direct entry stream, brought by Melbourne IE Concreting Pty Ltd. The Administrative Appeals Tribunal was required to determine whether the applicant met the general and stream-specific requirements for approval of the nomination as set out in regulation 5.19 of the Migration Regulations 1994.

The primary legal issues before the Tribunal were whether the application was made in accordance with the prescribed requirements, specifically concerning the provision of sufficient evidence to support the need for the nominated position of Welder (First Class) under the direct control of the business owner. The Tribunal also considered the requirements relating to adverse information known to Immigration and the specific criteria for the Direct Entry stream, including the nominator's business operations and the genuine need for the identified person's employment.

The Tribunal reasoned that the applicant had failed to provide sufficient evidence to satisfy the requirement that there was a genuine need for the nominated position, particularly in the absence of a response to the Tribunal's invitation for further contemporary information. This failure meant that regulation 5.19(4)(a) was not met. Consequently, the Tribunal was not satisfied that the applicant met the requirements of regulation 5.19.

Accordingly, the Tribunal affirmed the decision under review to refuse the nomination.