Omsri Pty Ltd ATF Omsri Unit Trust (Migration)

The Administrative Appeals Tribunal considered an application by Omsri Pty Ltd ATF Omsri Unit Trust for approval of a nominated position under the Direct Entry nomination stream. The core of the dispute was whether the applicant had provided sufficient information to satisfy the requirements of regulation 5.19(4) of the Migration Regulations 1994, specifically concerning the genuineness of the nominated position and the need for the nominee.

The Tribunal was required to determine if the applicant met the criteria for the Direct Entry nomination stream, as set out in regulation 5.19(4). This involved assessing whether the nominated position was genuine, whether there was a genuine need for the nominee to be employed in that position, and whether certain training requirements or regional employment conditions were met. The Tribunal also had to consider if the applicant had satisfied the requirements of regulation 5.19(3) relating to the Temporary Residence Transition Nomination stream, which they had not.

The Tribunal's reasoning centred on the applicant's failure to provide requested information despite multiple attempts by the Tribunal to contact the applicant and their representative via email, mail, and telephone. Consequently, the Tribunal was unable to positively determine the genuineness of the position or whether it could be filled by a local Australian citizen or permanent resident. As these essential requirements of regulation 5.19(4)(h) were not met, and the applicant had not pursued the alternative criteria under regulation 5.19(3), the Tribunal concluded that the nomination could not be approved.

The Tribunal affirmed the decision under review to refuse the nomination.