Revolusun Power Pty Ltd (Migration)

This matter concerned an appeal by Revolusun Power Pty Ltd against a decision to refuse the approval of a nomination for a Regional Sponsored Migration Scheme employer nomination visa (subclass 187) under the Direct Entry Stream. The nominated position was Office and Operations Manager. The applicant sought to have the decision under review set aside and a substituted decision approving the nomination.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994 (Cth). This involved assessing whether the nominated position's tasks corresponded to the nominated occupation, whether there was a genuine need for the nominee to be employed, whether the business was actively and lawfully operating in Australia, and whether the applicant had the financial capacity to employ the nominee for at least two years on terms and conditions no less favourable than those provided to Australian citizens or permanent residents. The Tribunal also considered requirements relating to adverse information and compliance with workplace relations laws.

The Tribunal found that the position of Office and Operations Manager was located in a designated regional area, satisfying regulation 5.19(4)(h)(ii)(A). It further determined that the applicant had met the requirements of regulation 5.19(4)(e) concerning financial capacity, having provided updated financial information. The Tribunal also concluded that there was no adverse information known to the Department regarding the nominator or associated persons, satisfying regulation 5.19(4)(f), and that the applicant had a satisfactory record of compliance with workplace relations laws, meeting regulation 5.19(4)(g). The Tribunal also considered the provisions of section 359AA of the Migration Act 1958 (Cth) regarding the process for informing the applicant of potential reasons for affirming the decision and providing an opportunity to respond.

Consequently, the Tribunal decided to set aside the decision under review and substitute a decision approving the nomination.