Robtao Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Robtao Pty Ltd, the trustee of the Devlin Trust, in relation to a nomination under the Direct Entry stream of the skilled migration program. The core dispute revolved around whether the applicant met all the requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994 for the approval of a nominated position.

The Tribunal was required to determine if the applicant satisfied each of the criteria outlined in regulation 5.19(4), specifically addressing whether the application was compliant, the nominator was actively and lawfully operating a business in Australia, the position was not a labour-hire arrangement, there was no adverse information known to Immigration, the nominator had a satisfactory compliance record with workplace relations laws, and crucially, whether there was a genuine need for the position in regional Australia that could not be filled by a local Australian citizen or permanent resident, with appropriate terms and conditions of employment.

The Tribunal found that the applicant had met all the necessary requirements. It was satisfied that the application was in the approved form, the prescribed fee was paid, and the nominator was actively and lawfully operating a café business in Noosa for several years, demonstrating profitability. The Tribunal noted the absence of any evidence suggesting labour-hire activities or adverse information concerning the nominator. Furthermore, the applicant had a satisfactory record of compliance with workplace relations laws. Critically, the Tribunal accepted that the nominated position was located in regional Australia, there was a genuine need for a paid employee that could not be met by local residents, and the necessary certification from a regional certifying body had been obtained, confirming that the terms and conditions of employment were no less favourable than those offered to Australians.

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