MULTIWORKS PTY LTD (Migration)

This matter concerned an application by Multiworks Pty Ltd for approval of an employer nomination for the position of Dog Handler or Trainer under the Direct Entry stream. The applicant's business and the nominated position were located in metropolitan Sydney. The core dispute revolved around whether the applicant had demonstrated a genuine need to employ the nominee as a paid employee in the specified role, a requirement under regulation 5.19(4)(h)(i)(AA) of the Migration Regulations 1994.

The Tribunal was required to determine if Multiworks Pty Ltd met all the criteria for approval of the nomination under the Direct Entry stream, specifically focusing on regulation 5.19(4)(h). Given that the business was not located in regional Australia, the Tribunal considered the requirements of regulation 5.19(4)(h)(i), which necessitated that the tasks of the position be performed in Australia, correspond to a specified occupation, that there be a genuine need for the nominee to be employed as a paid employee, and that certain training requirements be met.

The Tribunal found that the applicant had not satisfied the requirement of demonstrating a genuine need for the nominee to be employed as a paid employee. This conclusion was influenced by the fact that the business address was the same as the nominee's former employer, and the nominee's explanation that the former HR manager had moved to Multiworks. The Tribunal affirmed the decision under review to refuse the nomination, as not all the mandatory criteria under regulation 5.19(4) had been met.