OK DEVELOPMENTS PTY LTD (Migration)

This matter concerned an application by OK Developments Pty Ltd for approval of a nomination of a position under the Temporary Residence Transition stream. The applicant sought to nominate Chona Bautista Aduna for the position of Accountant (General), ANZSCO 221111. The Tribunal was required to determine whether the applicant met all the requirements for approval of the nomination as set out in regulation 5.19(3) of the Migration Regulations 1994.

The Tribunal considered whether the application was compliant, whether the nominator was an actively and lawfully operating business, and the nominee's previous employment history. It also examined whether there was a genuine need for the nominator to employ the nominee, whether there was any adverse information known to Immigration, and whether the nominator had a satisfactory record of compliance with workplace relations laws. The court had regard to documentary evidence, including financial reports and an organisational structure chart, as well as oral evidence provided by the director of OK Developments Pty Ltd, Mr Katz.

The Tribunal found that the application was made in the approved form and accompanied by the prescribed fee. It was satisfied that OK Developments Pty Ltd was actively and lawfully operating a business in Australia and that the nominee had been employed in the nominated occupation for a sufficient period. Crucially, the Tribunal was satisfied, based on the size and complexity of the business and the evidence regarding the nominee's responsibilities, that there was a genuine need for an Accountant (General) and that the position was substantially equivalent to the ANZSCO definition.

Accordingly, the Tribunal set aside the decision under review and substituted a decision approving the nomination.