Samsha Enterprises Pty Ltd (Migration)

This matter concerned an application by Samsha Enterprises Pty Ltd for approval of an employer nomination under the Direct Entry stream for the position of Store Manager, classified as Retail Manager (General). The applicant sought to nominate an individual to fill this role at their United Petroleum Roadhouse in Mount Isa, Queensland. The core dispute revolved around whether the applicant met all the requirements stipulated in regulation 5.19 of the Migration Regulations 1994 for the approval of such a nomination.

The Tribunal was required to determine whether the applicant satisfied the various criteria outlined in regulation 5.19(4) for the approval of a Direct Entry nomination. Specifically, this involved assessing whether the application was made in the approved form, identified a genuine need for the nominated employee, and whether the nominator was actively and lawfully operating a business. Further, the Tribunal had to consider requirements relating to the terms and conditions of employment, the absence of adverse information, satisfactory compliance with workplace relations laws, and the specific conditions under regulation 5.19(4)(h) concerning the tasks of the position, a genuine need, and the location of the business in regional Australia.

The Tribunal found that the applicant had met the procedural requirements of regulation 5.19(4)(a), including the use of the approved form and the identification of a genuine need for the nominated employee. It was also satisfied that the nominator was actively and lawfully operating a business and that the position was located in regional Australia, fulfilling the criteria under regulation 5.19(4)(h)(ii). The Tribunal concluded that all applicable requirements of regulation 5.19 had been met. Consequently, the Tribunal set aside the original decision under review and substituted it with a decision approving the nomination.