Mr Jee Electronics Pty Ltd (Migration)

This matter concerned an appeal by Mr Jee Electronics Pty Ltd against a decision to refuse its nomination of a Retail Manager position under the Direct Entry stream of the Employer Nomination scheme. The company, which operates a retail business selling mobile and computer accessories, sought to nominate an employee for the position. The core of the dispute revolved around whether the company had adequately demonstrated that the position could not be filled by an Australian citizen or permanent resident.

The Tribunal was required to determine whether the applicant, Mr Jee Electronics Pty Ltd, met the requirements for approval of a nominated position under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether the company had satisfied the criteria that the nominated position could not be filled locally, a key requirement under sub-subparagraph 5.19(4)(h)(ii)(C). This involved scrutinising the wording of the job advertisement and the efforts made by the company to recruit locally.

The Tribunal affirmed the decision to refuse the nomination. It found that the job advertisement, which stated "Asian language speaker preferred," was too restrictive and likely limited the pool of potential local applicants. This wording was considered to be a failure to demonstrate that the position could not be filled by an Australian citizen or permanent resident, as required by the regulations. Consequently, the Tribunal concluded that the applicant had not met the necessary criteria for the nomination to be approved.