New Era Hospitality Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by New Era Hospitality Pty Ltd for approval of a nomination of a position under the Direct Entry stream of the Regional Sponsored Migration Scheme. The dispute concerned whether the applicant met the requirements of regulation 5.19(4) of the Migration Regulations 1994 (Cth) for the approval of the nomination.

The Tribunal was required to determine if the applicant had satisfied all the criteria stipulated in regulation 5.19(4), particularly concerning the genuine need for the nominated position, the tasks associated with that position, and the qualifications and training of the nominee. This involved assessing whether the nominated position was located in regional Australia, if there was a genuine need for the nominee to be employed, and if the nominee possessed the necessary training and certifications for the role.

The Tribunal reasoned that the applicant's business and the nominated position were located in Maroochydore, Queensland, which is designated as regional Australia, thus satisfying regulation 5.19(4)(h)(ii)(A). It found that the nominee had undergone relevant training and possessed qualifications, including a food safety supervisor statement of attainment and a certificate IV in Information Technology (Networking), which were pertinent to the role. The Tribunal also considered evidence of the business's operations, including trading profits despite a period of non-trading, and the nominee's expanded responsibilities under their management, concluding that these factors supported a genuine need for the position. Furthermore, the Tribunal was satisfied that there was no adverse information known to the Department regarding the nominator or associated persons, and that the applicant had a satisfactory record of compliance with workplace relations laws.

The Tribunal decided to set aside the original decision and substitute it with a decision approving the nomination.