Satyam Facility Services Pty Ltd (Migration)

This matter concerned an application by Satyam Facility Services Pty Ltd for approval of a nomination under the Direct Entry stream. The applicant sought to nominate a position for a Contract Administrator. The Tribunal was required to determine whether the applicant met all the requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994 for the approval of the nomination.

The legal issues before the Tribunal included whether the nominator was actively and lawfully operating a business in Australia, whether the nominated position was not a labour-hire arrangement, whether there was a genuine need for a paid employee in the position under the nominator's direct control, and whether the position could not be filled by an Australian citizen or permanent resident. Additionally, the Tribunal considered whether the tasks of the position corresponded to an occupation specified in the relevant legislative instrument and whether a regional certifying body had advised the Minister on specified matters.

The Tribunal found that the applicant had met all the requirements of regulation 5.19(4). It was satisfied that the application was compliant, the nominator was actively and lawfully operating a business in Australia, and the nominated position was not for labour hire. The Tribunal was also satisfied that there was a genuine need for the position, that it could not be filled by a local Australian resident, and that the tasks corresponded to the occupation of Contract Administrator as specified in the relevant legislative instrument. Furthermore, the Tribunal noted that the position was located in regional Australia and that the relevant regional certifying body had provided the necessary advice.

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