Nambour Yardina United Soccer Club Incorporated (Migration)

This matter concerned an appeal by Nambour Yardina United Soccer Club Incorporated (the applicant) against a decision regarding the approval of a nomination for a Sports Coach position under the Direct Entry stream of the Regional Sponsored Migration Scheme (Subclass 187). The applicant sought approval for a nomination in favour of Mr Korey Joe Nix for the position of Sports Coach, to be employed in Yandina, Queensland.

The primary legal issue before the court was whether the applicant met all the requirements for the approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. This involved assessing compliance with various sub-regulations, including the genuineness of the position, the applicant's financial standing, the terms and conditions of employment, and the absence of adverse information. A specific concern raised was whether the nominee was genuinely working for the club or for a private coaching company established by the nominee's brother.

The court considered the evidence presented, including the testimony of the Club's President, Mr Garry Wasmund, who detailed the club's significant growth, improved financial position, and the nominee's crucial role in this turnaround. The court found that the applicant had met the requirements of regulation 5.19(4)(a) regarding a valid application, 5.19(4)(f) concerning adverse information, and 5.19(4)(g) relating to satisfactory compliance with workplace relations laws. Crucially, the court accepted the applicant's explanation regarding the coaching business, understanding that while a coaching company existed, one brother had returned to the UK, another worked with that company, and the nominee was employed by the Club. The court also confirmed the position was located in regional Australia as required by regulation 5.19(4)(h)(ii)(A).

Ultimately, the court decided to set aside the decision under review and substitute it with a decision approving the nomination. This outcome was based on the Tribunal's satisfaction that all relevant regulatory requirements had been met, including the genuine need for the nominee's employment and the club's improved business and financial position.