RFMC Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning RFMC Pty Ltd's nomination for a position under the Direct Entry stream. The core dispute revolved around whether RFMC Pty Ltd met all the requirements stipulated in regulation 5.19 of the Migration Regulations 1994 for the approval of its nomination.

The Tribunal was tasked with determining whether the application for approval was compliant, if RFMC Pty Ltd was actively and lawfully operating a business in Australia, and if the nominated position was not a labour-hire arrangement. Further issues included whether there was any adverse information known to Immigration regarding the nominator, RFMC Pty Ltd's satisfactory compliance with workplace relations laws, and crucially, whether the nominated position and the nominator's business were located in regional Australia, if there was a genuine need for a paid employee under the nominator's direct control, and if the tasks of the position corresponded to an occupation specified in the relevant legislative instrument.

The Tribunal found that RFMC Pty Ltd had met all the necessary requirements. It was satisfied that the application was in the approved form, accompanied by the prescribed fee, and included the required certification regarding conduct contravening s 245AR(1). The Tribunal accepted that there was a genuine need for a paid employee to work under the nominator's direct control, and that RFMC Pty Ltd was actively and lawfully operating its business in Australia, with no evidence of labour-hire activities. Furthermore, no adverse information was known to Immigration, and RFMC Pty Ltd had a satisfactory record of compliance with workplace relations laws. Critically, the Tribunal determined that the nominated position and the business were located in Darch, Western Australia, which at the time of application was classified as regional Australia under the relevant instrument.

Consequently, the Tribunal set aside the original decision and substituted a decision approving RFMC Pty Ltd's nomination.