Reef Star Tour Service Pty Ltd (Migration)

This matter concerned an application by Reef Star Tour Service Pty Ltd for approval of a nominated position under the Direct Entry nomination stream. The applicant sought to nominate a Marketing Specialist. The core of the dispute revolved around whether the nominated position met the requirements for approval, particularly concerning the genuine need for the role and the challenges of recruitment in a regional area. The decision was made by Cathrine Burnett-Wake, a Member of the Tribunal.

The Tribunal was required to determine whether the nominated position satisfied the criteria set out in regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to assess if there was a genuine need for the Marketing Specialist role, if the nominator had a satisfactory record of compliance with workplace relations laws, and if there was any adverse information known to Immigration concerning the nominator or associated persons. The Tribunal also needed to consider the tasks of the position and whether they corresponded to an occupation specified by the Minister, and if any specified training requirements were met.

The Tribunal's reasoning focused on the evidence presented by Ms Zhang, representing Reef Star Tour Service Pty Ltd. Ms Zhang detailed the company's history, its shift from servicing inbound Chinese tourists to the Australian domestic market due to the pandemic, and the nominee's crucial role in devising and implementing this pivot. The Tribunal accepted that the nominee's marketing plan and new business relationships demonstrated a genuine need for the Marketing Specialist position, especially given the difficulties in recruiting suitable candidates in the regional area, as supported by a letter from the Cairns Chamber of Commerce. The Tribunal also found that the requirements regarding compliance with workplace relations laws and the absence of adverse information were met.

Ultimately, the Tribunal was satisfied that Reef Star Tour Service Pty Ltd met the requirements of regulation 5.19 for the approval of the nomination. Consequently, the Tribunal set aside the original decision and substituted it with a decision approving the nomination.