Scheduled Services Pty Ltd (Migration)

This matter concerned an application by Scheduled Services Pty Ltd for the approval of a nominated position under the Direct Entry stream of the Employer Nomination scheme. The applicant sought to nominate Mr Dupinder Singh for the role of Customer Service Manager. The Tribunal was required to determine whether the nomination met all the requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether Scheduled Services Pty Ltd had satisfied each of the criteria outlined in regulation 5.19(4) for the approval of the nominated position. This involved assessing whether the application was compliant, if the nominator was actively and lawfully operating a business in Australia, if the position was not a labour-hire arrangement, and if there was no adverse information known to Immigration. Crucially, the Tribunal also had to consider the genuine need for the position, the correspondence of its tasks to an occupation specified by the Minister, and whether the position could be filled by a local Australian resident.

The Tribunal found that Scheduled Services Pty Ltd had met the requirements of regulation 5.19(4). It was satisfied that the application was made in the approved form, accompanied by the prescribed fee, and identified a genuine need for the nominated employee. The Tribunal also concluded that the nominator was actively and lawfully operating a business in Australia, that the position was not a labour-hire arrangement, and that there was no adverse information known to Immigration. Furthermore, the Tribunal was satisfied that the nominator had a satisfactory record of compliance with workplace relations laws. The Tribunal then considered the specific requirements of regulation 5.19(4)(h)(ii), which applied to positions located in regional Australia, and found that all sub-criteria, including the genuine need for the position and the inability to fill it with a local Australian resident, were met.

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