Pujari Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination application made by Pujari Pty Ltd for a position under the Direct Entry stream. The applicant sought to have the decision under review set aside and substituted with a decision approving the nomination.

The primary legal issues before the Tribunal were whether the nominator, Pujari Pty Ltd, met the general requirements for approval of a nomination under regulation 5.19(4) of the Migration Regulations 1994, and the specific requirements for the Direct Entry stream under regulation 5.19(9). These included, but were not limited to, whether the application was made in the approved form, whether there was any adverse information known to Immigration, whether the nominated person held the necessary registration, whether the nominator had a satisfactory record of compliance with employment laws, and whether the nominator was actively and lawfully operating a business with a genuine need for the nominated employee.

The Tribunal found that the application complied with all relevant regulatory requirements. It was satisfied that the application was made in the approved form, that there was no adverse information known to Immigration, and that the nominated person held the required registration as a dental practitioner in Western Australia. Furthermore, the Tribunal was satisfied that the nominator had a satisfactory record of compliance with employment laws, had paid any applicable training contribution debts, and was actively and lawfully operating a business in Australia. Crucially, the Tribunal determined that there was a genuine need for the nominator to employ the identified person in the nominated position.

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