Scerri Enterprises Pty Ltd (Migration)

This matter concerned an application by Scerri Enterprises Pty Ltd for approval of a nomination under the Direct Entry stream for a Cafe or Restaurant Manager position. 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 nomination to be approved.

The legal issues before the Tribunal included whether the application was compliant, if the nominator was actively and lawfully operating a business in Australia, and if the nominated position was not a labour-hire arrangement. Further, the Tribunal had to consider the term of employment for the visa holder, the terms and conditions of employment being no less favourable than those offered to Australian citizens or permanent residents, and the absence of adverse information known to Immigration. Finally, the Tribunal needed to assess whether the nominator had a satisfactory record of compliance with workplace relations laws and whether the tasks of the position, the genuine need for the position, and any training requirements were met.

The Tribunal found that the applicant had provided sufficient evidence to satisfy each of the requirements under regulation 5.19(4). This included evidence of the business's operation, a statement outlining the genuine need for the nominee, and documentation supporting the business's financial capacity to employ the nominee. The Tribunal also considered the specific requirements for regional nominations, confirming that the position was located in regional Australia and that the tasks corresponded to the nominated occupation.

Consequently, the Tribunal set aside the decision under review and substituted a decision approving the nomination.