Premium Repair Services Pty Ltd (Migration)

This matter concerned an application by Premium Repair Services Pty Ltd for approval of a nominated position under the Direct Entry nomination stream. The applicant sought to nominate a Management Consultant position. The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination as set out in subregulation 5.19(4) of the Migration Regulations 1994.

The primary legal issues before the Tribunal were whether the application complied with the administrative requirements of subregulation 5.19(4)(a), specifically regarding the identification of a need for a paid employee to work under the nominator's direct control, and whether the proposed employment met the criteria for a full-time position for at least two years. The Tribunal also considered the applicant's obligation to provide sufficient material to enable the decision-maker to establish the relevant facts, noting that it was not for the Tribunal to fill any gaps in the applicant's case.

The Tribunal found that while the application was made in the approved form, the prescribed fee was paid, and written certification regarding conduct contravening section 245AR(1) was provided, the applicant had not sufficiently demonstrated the need for the nominated position under their direct control. Although an organisational chart and a proposed, unsigned employment contract were submitted, these did not satisfy the evidentiary burden. The Tribunal noted that subregulation 5.19(4)(a)(ii) requires the identification of a need for a paid employee, and the provided documentation did not establish this need to the Tribunal's satisfaction. Furthermore, the Tribunal observed that the applicant had not sought to satisfy the criteria in the temporary residence transition nomination stream, which was a separate pathway for nomination approval.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination, as the applicant had failed to meet the requirements of regulation 5.19(4).