RASLEEN PTY LTD (Migration)

The Administrative Appeals Tribunal considered an application by Rasleen Pty Ltd for approval of a nomination for the position of Retail Manager. The applicant, which owns and operates a supermarket in Cowra, New South Wales, sought approval under the Direct Entry nomination stream of the Regional Sponsored Migration Program. The core of the dispute revolved around whether the applicant met all the requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994 for the nomination to be approved.

The Tribunal was required to determine if Rasleen Pty Ltd had satisfied the various criteria for nomination approval. These included whether the application was in the approved form, identified a genuine need for a paid employee under the nominator's direct control, and if the nominator was actively and lawfully operating a business in Australia. Further considerations included whether the nominated employee would be employed for at least two years on terms and conditions no less favourable than those offered to Australian citizens or permanent residents, and whether the nominator had a satisfactory record of compliance with workplace relations laws. Crucially, the Tribunal had to assess if there was a genuine need for the position in regional Australia that could not be filled by a local Australian citizen or permanent resident.

In its reasoning, the Tribunal found that the application met the formal requirements, including being in the approved form and identifying a need for a Retail Manager due to the owner residing in Sydney. It was satisfied that the business was actively and lawfully operating and that the nominated position met the criteria for regional Australia. The Tribunal also concluded that the terms and conditions of employment were appropriate and that there was no adverse information known to the Department regarding the nominator. Furthermore, the Tribunal was satisfied that there was a genuine need for the position in regional Australia, which could not be filled locally, and that the tasks corresponded to the specified occupation.

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