Mildura Magic Pty Ltd (Migration)

This matter concerned an application for approval of a nomination of a position under the Direct Entry stream of the *Migration Regulations 1994*. The applicant sought to nominate a position as a Café or Restaurant Manager (ANZSCO 141111) with a base salary of $54,000. The core dispute revolved around whether the applicant met all the requirements stipulated in regulation 5.19(4) for the approval of this nomination. The decision was made by Jade Murphy.

The legal issues before the Tribunal were whether the applicant had satisfied each of the requirements set out in regulation 5.19(4) of the *Migration Regulations 1994*. These requirements included that the application be in the approved form and accompanied by the prescribed fee, that the nominator be actively and lawfully operating a business in Australia, that the position not be labour-hire, that the terms of employment meet specific criteria, that there be no adverse information known to Immigration, that the nominator have a satisfactory record of compliance with workplace relations laws, and crucially, that the tasks of the position be genuine and meet specific training or regional requirements.

The Tribunal found that the applicant had met all the requirements of regulation 5.19(4). Specifically, it was satisfied that the application was compliant, the nominator was actively and lawfully operating a business, and the position was not labour-hire. The terms of employment were also deemed satisfactory, and no adverse information was known to Immigration. Furthermore, the nominator had a satisfactory record of compliance with workplace relations laws. Critically, regarding regulation 5.19(4)(h), the Tribunal was satisfied that the position and business were located in regional Australia, that there was a genuine need for the paid position due to historical difficulties in attracting local staff, and that the Swan Hill Rural City Council, as the Regional Certifying Body, had recognised this genuine need.

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