Rom Enterprises (NSW) Pty Ltd (Migration)

This matter concerned an appeal by Rom Enterprises (NSW) Pty Ltd against a decision not to approve its nomination for a position. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination under the Migration Regulations 1994, specifically focusing on whether the nominated position was genuine and whether the terms and conditions of employment were appropriate.

The Tribunal considered the evidence presented, including testimony from the company's Managing Director regarding the nature of the business, its expansion plans, and the specific responsibilities of the nominee. Key legal issues revolved around the interpretation and application of various regulations, including r.2.72(8B) concerning adverse information, r.2.72(10)(aa) regarding the specified occupation and its code, and r.2.72(10)(c) concerning the terms and conditions of employment being no less favourable than those offered to an Australian citizen or permanent resident. The Tribunal also examined the requirements for a genuine position and the applicability of exemptions from labour market testing.

The Tribunal found that the requirements of r.2.72(8B) were met as there was no adverse information known to Immigration about the applicant or associated persons. It was satisfied that the nominated occupation, Contract Administrator (ANZSCO code 511111), corresponded to an occupation specified in the relevant instrument and was not inapplicable due to any conditions attached. Furthermore, the Tribunal determined that the terms and conditions of employment, including the annual salary exceeding the base rate, were no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work. The Tribunal concluded that the nominated position was genuine and that the company was a standard business sponsor exempt from labour market testing.

Consequently, the Tribunal set aside the original decision not to approve the nomination and substituted a decision approving the nomination.