Milton Park Management Pty Ltd (Migration)

This matter concerned an application by Milton Park Management Pty Ltd for approval of a nomination for a Sales and Marketing Manager position under the Direct Entry stream of the Regional Sponsored Migration Scheme. The application was lodged on 29 June 2016, nominating Mr Jianjun Yu for the full-time position with a base salary of $181,000 per annum, available for at least two years. The Administrative Appeals Tribunal, represented by Mr S Norman, was required to determine whether the applicant met the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether Milton Park Management Pty Ltd had satisfied all the criteria stipulated in regulation 5.19(4) for the approval of an employer nomination. This involved assessing whether the nominated position met the requirements for term of employment, whether the nominator was actively and lawfully operating a business, and whether the terms and conditions of employment were no less favourable than those offered to Australian citizens or permanent residents. The Tribunal also considered the specific requirements for the Direct Entry stream, including the nominator's business operations and compliance with workplace relations laws.

The Tribunal affirmed the decision to refuse the nomination, finding that the applicant had not satisfied the requirements of regulation 5.19(4). While the nominated position was for a Sales and Marketing Manager (ANZSCO 131112), and the nominator was operating a business, the Tribunal was not satisfied that all the necessary criteria had been met. The decision noted that the applicant had not sought to satisfy the criteria under the Temporary Residence Transition Nomination stream, and therefore, the nomination could not be approved. Consequently, the Tribunal affirmed the original decision to refuse the nomination.