Nullagine Hotel Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning the approval of a nomination for a Cook position under the Regional Sponsored Migration Scheme, Direct Entry Nomination stream. The applicant, Nullagine Hotel Pty Ltd, sought approval for the nomination of Ms Monika Dhimal for the position of Cook.

The Tribunal was required to determine whether the applicant met all the requirements for the approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal considered whether the application was compliant, if the nominator was actively and lawfully operating a business in Australia, if the position was not labour-hire, and if the terms of employment met the specified criteria. Further, the Tribunal examined whether there was any adverse information known to Immigration, if the nominator had a satisfactory record of compliance with workplace relations laws, and crucially, whether there was a genuine need for the position in regional Australia that could not be filled by a local Australian citizen or permanent resident.

The Tribunal found that the applicant satisfied all the relevant criteria under regulation 5.19(4). It was satisfied that the application was in the approved form, that the nominator was actively and lawfully operating a hotel and pub in regional Western Australia, and that the nominated position was under the nominator's direct control. The Tribunal also confirmed that the employment terms met the regulatory requirements and that no adverse information was known to Immigration. Crucially, the Tribunal found that the position and the nominator's business were located in regional Australia, that there was a genuine need for the paid Cook position, and that this position could not be filled by an Australian citizen or permanent resident living in the same local area.

Consequently, the Tribunal set aside the original decision and substituted a decision approving the nomination.