Parke, Madilyn Rose T/A North Queensland Bodyfix (Migration)

This matter concerned an application by Parke, Madilyn Rose, trading as North Queensland Bodyfix (Migration), to have a nominated position approved. The applicant sought approval for a nomination under the Direct Entry stream for a Marketing Specialist. The decision under review had refused to approve this nomination.

The Tribunal was required to determine whether the applicant had met the various requirements for the approval of a nomination under the Migration Regulations 1994. Specifically, the Tribunal considered whether the application was made in accordance with the regulations, if there was any adverse information concerning the nominator, whether mandatory licensing or registration requirements were met, if the nominator had a satisfactory record of compliance with employment laws, if any training contribution debts had been paid, and if the nominator was actively and lawfully operating a business in Australia. The Tribunal also had to consider the additional requirements for the Direct Entry stream, including the genuine need for the nominated position and whether the employment conditions offered were not less favourable than those for an Australian citizen or permanent resident.

The Tribunal found that the applicant had provided sufficient evidence to satisfy the requirements of Regulation 5.19. It was satisfied that the application was compliant, that there was no adverse information, and that mandatory licensing was not required for the nominated occupation. The applicant demonstrated a satisfactory record of compliance with employment laws and had paid any training contribution debts. Furthermore, evidence indicated that the applicant was actively and lawfully operating a business in regional Australia, and there was a genuine need for the nominated position. The Tribunal also noted that the tasks associated with the nominated occupation corresponded to those specified in the relevant legislative instrument and that the employment conditions offered were not less favourable than those for an Australian worker.

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