RSG (ABC) PTY LTD (Migration)

This matter concerned an application for approval of a nominated position under the Temporary Residence Transition stream, brought by RSG (ABC) PTY LTD. The Tribunal was required to determine whether the applicant met the requirements of regulation 5.19 of the Migration Regulations 1994 for the approval of the nomination.

The legal issues before the Tribunal included whether the nomination application was compliant, whether the nominator was actively and lawfully operating a business in Australia, and whether the nominee had the requisite previous employment history in Australia. Further issues concerned the existence of adverse information known to Immigration, the nominator's compliance with workplace relations laws, and crucially, whether there was a genuine need for the nominator to employ the nominee in the nominated position. The Tribunal also considered whether the nominated position's duties corresponded with the Australian and New Zealand Standard Classification of Occupations (ANZSCO) listing.

The Tribunal found that the nomination application was compliant and that the nominator, RSG, was actively and lawfully operating a business in Australia, supported by its ABN, ASIC registrations, and financial documents. It was satisfied that the nominee met the previous employment requirements under regulation 5.19(3)(c)(i). The Tribunal also found no adverse information known to Immigration and that RSG had a satisfactory record of compliance with workplace relations laws, as evidenced by its director's advice regarding audits and its investment in employee recruitment and training. Regarding the genuine need for the position, the Tribunal considered the position description, the nominee's detailed evidence of their role, and the correspondence between these duties and the ANZSCO description for Cook (ANZSCO 351411).

Consequently, the Tribunal was satisfied that the applicant met all the requirements of regulation 5.19. The decision under review was set aside, and a substituted decision approving the nomination was made.