Raf Partners Pty Ltd (Migration)

This matter concerned an application by Raf Partners Pty Ltd for approval of a nomination for a Corporate Services Manager position under the Direct Entry nomination stream. The decision under review was a refusal by the delegate to approve the nomination. The Tribunal was required to determine whether the applicant had met all the requirements for the approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994.

The primary legal issues before the Tribunal were whether the applicant had demonstrated a genuine need for a paid employee in the nominated position, and whether the tasks of the position corresponded to an occupation specified by the Minister. The Tribunal also considered the requirements relating to the employment of an Australian citizen or permanent resident, and the specific criteria applicable to positions located in regional Australia, including the need to demonstrate that the position could not be filled by a local resident.

The Tribunal reasoned that while the application was compliant in some respects, such as the form and fee, it failed to satisfy crucial criteria. Specifically, the Tribunal found that the applicant had not adequately demonstrated a genuine need for the nominated employee, nor had it established that the position could not be filled by an Australian citizen or permanent resident in the local area, as required by regulation 5.19(4)(h)(ii)(B) and (C) for positions in regional Australia. The Tribunal noted that the applicant had not sought to satisfy the criteria under the Temporary Residence Transition nomination stream, which was also a pathway for nomination approval.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination.