Roylands Pty Ltd ATF The Ahern Family Trust (Migration)

This matter concerned an application by Roylands Pty Ltd ATF The Ahern Family Trust for approval of a nomination of a position under the Direct Entry nomination stream. The Administrative Appeals Tribunal was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant had demonstrated a genuine need for the nominator to employ a paid employee to work in the nominated position under the nominator’s direct control, and whether the tasks of the position corresponded to those of an occupation specified by the Minister. The Tribunal also considered whether the applicant had satisfied the criteria for the Temporary Residence Transition Nomination stream, as an alternative pathway.

The Tribunal found that the information provided did not demonstrate that the nominee was performing tasks consistent with the relevant ANZSCO description, nor was there evidence to support claims of the nominee's prior work experience. Crucially, the applicant had not identified a genuine need for the nominator to employ a paid employee under their direct control, a requirement under regulation 5.19(4)(h)(i)(AA) and (ii)(B). As the applicant had not met the requirements of regulation 5.19(4) and had not sought to satisfy the criteria for the Temporary Residence Transition Nomination stream under regulation 5.19(3), the Tribunal affirmed the decision under review to refuse the nomination.