Oz Business Link Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination application made by Oz Business Link Pty Ltd for a position under the Direct Entry stream. The dispute centred on whether the applicant company met the requirements for approval of the nomination, particularly in light of concerns raised by the Department of Immigration regarding the company's operational status and the genuineness of the nominated position.

The Tribunal was required to determine if the applicant satisfied the general requirements for nomination approval under regulation 5.19(4) and the specific requirements for the Direct Entry stream under regulation 5.19(9) of the Migration Regulations 1994. Key issues included whether the application was made in accordance with the prescribed form and fee, whether there was any adverse information known to Immigration about the nominator, and whether the nominator was actively and lawfully operating a business in Australia. The Tribunal also considered whether there was a genuine need for the nominated position and if the terms and conditions of employment were no less favourable than those offered to Australian citizens or permanent residents.

The Tribunal found that the application complied with the procedural requirements of regulation 5.19(2) and thus met regulation 5.19(4)(a). Crucially, despite notes on the Department's electronic records alleging the business was fraudulent, the Tribunal was satisfied that there was no adverse information known to Immigration that it would be unreasonable to disregard, thereby satisfying regulation 5.19(4)(b). Furthermore, the Tribunal concluded that the nominator was actively and lawfully operating a business in Australia, that there was a genuine need for the nominated position, and that the employment conditions would not be less favourable than those for Australian workers, fulfilling the requirements of regulation 5.19(9).

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