SESHA PTY LTD (Migration)

SESHA PTY LTD (Migration) [2020] AATA 3998 (16 September 2020)
DECISION RECORD
DIVISION:Migration & Refugee Division
APPLICANT:  Sesha Pty Ltd
CASE NUMBER:  1803838
HOME AFFAIRS REFERENCE(S):          BCC2017/898963
MEMBER:C. Packer
DATE:16 September 2020
PLACE OF DECISION:  Sydney
DECISION:The Tribunal sets aside the decision under review and substitutes a decision approving the nomination.

Statement made on 16 September 2020 at 6:15pm
CATCHWORDS
MIGRATION – Employer Nomination – approval of nominated position – Direct Entry nomination stream – Retail Manager (General) – task and duties of nominated position – alignment with ANZSCO Dictionary – Fast Food Manager – Domino – determining product mix, stock levels and service standards – constraints of the franchise agreement – formulating and implementing purchasing and marketing policies – setting prices – local promotion and advertising of the store – decision under review set aside
LEGISLATION
Migration Regulations 1994 (Cth), r 5.19
STATEMENT OF DECISION AND REASONS
APPLICATION FOR REVIEW

This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 24 January 2018 to reject the applicant’s application for approval of the nomination of a position in Australia under r.5.19 of the Migration Regulations 1994 (the Regulations).
The applicant applied for approval on 7 March 2017. The requirements for the approval of the nomination of a position in Australia are found in r.5.19 of the Regulations which contains two alternative streams: a Temporary Residence Transition nomination stream (r.5.19(3)) and a Direct Entry nomination stream (r.5.19(4)). If the application is made in accordance with r.5.19(2) and meets the requirements of either stream, then the application must be approved. If any of the requirements are not met then the application must be refused: r.5.19(5).
In this case, the applicant has applied for approval of a nomination, seeking to satisfy the criteria in the Direct Entry nomination stream.
The delegate refused the application on the basis the applicant’s nomination did not satisfy r.5.19(4)(h)(ii)(D) of the Regulations because the delegate considered the tasks were not at the level of a retail manager, but more closely aligned with a skill level 4 supervisory position.
A large volume of documents and information before the Tribunal (including information most recently provided in August 2020), satisfies the Tribunal that the requirements had been met. For that reason, the Tribunal did not proceed to a hearing. The applicant was represented in relation to the review by its registered migration agent.
For the following reasons, the Tribunal has decided to set aside the decision under review and substitute a decision approving the nomination.
CONSIDERATION OF CLAIMS AND EVIDENCE
The issue in this case is whether the applicant meets the requirements for approval of the nomination under the Direct Entry nomination stream set out in r.5.19(4), which is extracted in the attachment to this decision. For the nomination to be approved, all the requirements must be met.
The application is compliant: r.5.19(4)(a)
Regulation 5.19(4)(a) requires that the application for approval must be in the approved form, must be accompanied by the prescribed fee, and, where applicable, must include the required written certification relating to conduct that contravenes s.245AR(1). The Tribunal finds the application made on 7 March 2017 and Departmental documents show the application was in the approved form, accompanied by the prescribed fee, and included the required written certification relating to conduct that contravenes s.245AR(1).
The application must also identify a need for the nominator to employ a paid employee to work in the position under their direct control. The application nominated the position of retail manager ANZSCO 142111, located at Griffith NSW 2680, on a base annual salary of $55,000, and nominated Mr Niranjan Mainali. The applicant stated the nominee had been employed since 2 May 2016.
The Tribunal has given limited weight to the Regional Development Australia- Riverina Inc advice in Form 1404 on 29 June 2017, now three years ago, that the nomination ‘satisfies’ (amongst other things) the requirement that:
- there is a need for a paid employee in the nominated position within the business activities of the nominating employer
A letter dated 11 August 2020 from Mr Udaya Phuyal, Director of the nominating company, addressed the need for the position of a retail manager. He states in part:
Also, with the retail industry attracting manly casual and, in the case of local employees, it is not easy to find suitable candidates that meet the requirements of managerial roles. Nominee Mr. Niranjan Mainali has the Skills required for this position. Upon advertising for manager, when we were not able to find the suitable candidate for the position other than Mr. Niranjan Mainali, considering our experience with local labour market response, we decided to hire Mr. Mainali and to show our commitment towards him, we further nominated him for the position as Retail Manager position is very important for a business.
The application had limited supporting documents. Subsequently the applicant provided a large volume of supporting information and documents to the Tribunal.
The nominated position
The ANZSCO Dictionary states retail managers organise and control the operations of establishments which provide retail services. The tasks of the occupation of retail manager 142111 include:
·determining product mix, stock levels and service standards
·formulating and implementing purchasing and marketing policies, and setting prices
·promoting and advertising the establishment's goods and services
·selling goods and services to customers and advising them on product use
·maintaining records of stock levels and financial transactions
·undertaking budgeting for the establishment
·controlling selection, training and supervision of staff
·ensuring compliance with occupational health and safety regulations
The Dictionary states alternative titles are Retail Store Manager or Shop Manager, and a specialisation can be a Fast Food Manager.
Departmental policy considerations[1] at the time indicated that: The occupation of Retail Manager (General) (ANZSCO 142111) may be nominated for a diverse range of retail outlets. When a nomination under this occupation is submitted to the department, delegates will need to be satisfied that the position described in the nomination demonstrates the tasks and required skill level are commensurate with the occupation of Retail Manager (General), which, according to ANZSCO, primarily involves organising and controlling the operations of a retail trading establishment. Delegates should be satisfied that tasks will primarily include, but will likely not be limited to the following six:
·determining stock levels, product mix and service standards
·setting prices and formulating / implementing purchasing and marketing policies
·promoting and advertising for the establishment
·maintaining stock and financial records
·controlling selection, training and supervision of staff
·undertaking budgeting for the establishment
[1] PAM - Div5.3/Reg5.19 - Approval of nominated positions (employer nomination)
In the application, a work contract signed 21 February 2017 stated the major responsibilities of the job included:
·Keeping our customers happy and loyal
·Rostering
·Stock ordering
·Recruiting
·Training and development
·Inventory management
·Cash handling and running reports
·Profit management
·Sales building
·Food safety
·Food preparation
·Staff and customer safety
·In charge of FUN
·Marketing the business
·Team meetings
In the review, a job description indicated the duties of the position included:
·Determining products, stock levels and service standards
·Supervision of staff engaged in the store's day to day operations
·Insuring all staff is aware of Domino`s safety and security policies and ensuring those policies are met
·Promoting and advertising the establishment’s goods and services
·Undertaking budgeting for the establishment
·maintaining records of stock levels and financial transactions
·Ensuring the store complies with company and Legislative hygiene, health and safety requirements
·Maintain the minimum operational standards as set out by the company in respect to customer service and labor control
·Attendance at company meetings that may be required from time to time
·Meeting all responsibilities outline in the Dominos’ managers’ reference guide
·Selection and training of staff
The Tribunal considered the information provided in the application and to the Tribunal and viewed the business’ website. The business is a small Domino’s Pizza shop at 312 Banna Ave, Griffith, that does largely pick-up and delivery of the usual Domino’s food.
In the application, an organisation chart showed the nominee filled the position/s of Store manager and Shift supervisor. The chart showed below the nominated position were: two Shift runners; eleven in-store staff; fourteen delivery staff.
A current organisation chart shows the only full-time managerial position in the store is the nominated position of Store manager, which reports to the Director. There are two casuals in the management team (ie ostensibly Shift runners), and then nine casual in-store staff, and the remainder are drivers (casual, part-time and one full-time).
The applicant provided to the Tribunal a large volume of documents to show that the nominee had been working as the Store manager since 2016. The documents variously show the nominee’s tasks concerned: completing sales reports; quality control of produce; dealing with invoices, purchases/orders and deliveries; payroll matters; rostering matters; liaising with IT over system matters and about the store’s financial matters; staff equipment/clothes and staff matters; complaints and customer service; council inspection visit. While many of the documents showed low level queries and responses, the information overall showed the nominee was acting as the store manager who dealt with the whole range of problems, issues and tasks in running a busy store.
The Tribunal considered the duties, tasks and responsibilities of the actual position of retail manager at Domino’s Griffith, against each of the tasks of the occupation listed in ANZSCO 142111.
·determining product mix, stock levels and service standards
In the review the applicant stated that for this task:
In relation to product mix, he uses the daily preparation list and correct stock ordering based on the estimate sales. He follows the Dominos LEADS strategy for the service standard means Listen, Empathise, Apologise, Do whatever it takes and Stand by your promise. It means satisfaction guarantee and maintain the customer service standard measured by the Net Promoter Score (NPS).
The Tribunal notes that within the constraints of the franchise agreement, the nominated position has scant opportunities to determine product mix. The position does determine stock levels and the applicant provided information that shows the nominee’s involvement in purchases/orders, deliveries and quality assessment of deliveries.
While service standards are set by the Franchisor, each store has responsibility for implementing, managing and reporting on the service standards- and in this case that is the nominated position’s responsibility.
·formulating and implementing purchasing and marketing policies, and setting prices
In the review the applicant stated that for this task:
Depending on the past weeks sales and the projection based on the sales he does the stock ordering. Depending on the events like State of Origin, Mega Week, Long holidays etc, he
plans for the stock so that the store will not be short with the stock. He performs the customer call back to ask about their experience on their last order and if their experience is not to the standard he offers them something for free like drinks or garlic bread on their next order.
At dominos the price is fixed from the head office, but we can even make our own price. Like he changed the price of our delivery service from $21.95 for single pizza deals to $24.95, $30.95 to $34.95 for two pizza deals and $35.95 to $40.95 for three pizza deals (deals come with the garlic bread and drinks along with pizzas). Not only this he changed the price of traditional pizza from $7.95 to $8.95 with the coupon.
The Tribunal notes that within the constraints of the franchise agreement, the nominated position has few opportunities to formulate and implement purchasing and marketing policies. Nonetheless, the nominee undertakes local marketing based on important/local events (eg State of Origin) and other events (eg long weekends) that would increase pizza trade. The Australian Competition and Consumer Commission (ACCC) requires that franchisees be responsible for setting their own prices. A franchisor may recommend a price list and is permitted to set a maximum price, and generally, franchisees follow these recommendations. Subsequently, in the review the applicant provided a few examples of the nominee ‘setting prices’ by requesting changes to pizza deals and prices.
·promoting and advertising the establishment's goods and services
In the review the applicant stated that for this task:
He visits the different motels, hotels and caravan parks with menu and the coupons and does the advertisements for the company. He does wobble boarding in the special events like Mega Week i.e. 50% off weeks, Customer Appreciation Day (CAD). He takes parts in the community events like the Punjabi Festivals, Multicultural festivals to promote and advertise about the ongoing promotion of the business.
The Franchisor controls the franchise image with consistent marketing and promotional campaigns nationwide. But the Tribunal notes that within the constraints of the franchise arrangement, the nominated position undertakes the local promotion and advertising of the store (eg special events and local community events). The nominee selects the marketing the store will use from the range of marketing options on offer including coupons.
·selling goods and services to customers and advising them on product use
The nominated position has responsibility for the sale of the store’s Domino’s Pizza food to the local community in Griffith.
·maintaining records of stock levels and financial transactions
As the sole full-time and managerial position in the store, the nominated position maintains records of stock levels and financial transactions for the entire store business.
·undertaking budgeting for the establishment
In the review the applicant stated that for this task:
The major cost of business is the food and the labour he controls over both the aspects by ordering the stock and preparing the roasters. He prepares the roster for the business. Depending on the projection of the sale he increase or decrease the number of staffs that are need for the particular day or week. He keeps in mind with the labour percentage along with maintaining the good service. He makes sure that business meets its objectives i.e. maintaining the good customer service along with good service and business has money for future projects. He motivates the shift runners to strive on the set target. He does offer his team members a gift or movies tickets to boost the sale. He does hold the staff meetings and training session when there is new promotions so that the team member doesn’t get lost when they perform the job.
The nominee has oversight of the business expenses and does basic budgeting for the business, largely around the rostering of staff. The nominated position has responsibility for calculating/estimating future sales, the stock required, and the ongoing staff required.
·controlling selection, training and supervision of staff
In the review the applicant stated that for this task:
He performs the recruitment process from taking interviewing to approve the new staff. He selects the right people who he believes have the store values and follows the store process. Once they are hired he takes control about their training and make sure they are provided with the enough information and skills. Along with this he too provides couching and help make sure they are great staff. He also determines which staffs needs what level of access in the business.
The position has responsibility for staff: recruits, interviews, and hires team members, gets them onto payroll, and rosters staff members on shifts as and when required.
·ensuring compliance with occupational health and safety regulations
The position has responsibility for ensuring instore compliance with occupational health and safety regulations.
In sum, the Tribunal finds that the nominated position does organise and control the operations of the Griffith store which provides retail services. The position is basically a Fast Food Manager and the ANZSCO Dictionary recognises that a Fast Food Manager is a specialisation. Whilst being a Domino’s franchisee, the Griffith store has freedom to organise/highlight the mix of product they sell and they can change the price of deals and product. The position has less to do with formulating and implementing purchasing and marketing policies, but as the foregoing discussion noted, within the constraints of the franchise arrangement, the nominated position is responsible for the local promotion and advertising of the store. After careful consideration of the information provided to the Tribunal and in the application, the Tribunal is satisfied the nominated position is that of the occupation of retail manager 142111. The Tribunal is satisfied the nominee would perform the tasks of a retail manager.
The nominee’s work in the position
An organisation chart shows the nominee fills the only full-time managerial position in the Griffith store and he has overall responsibility for the store. The Director states that the nominee has worked as the Store manager since 2016 and ongoing.
An income statement for the nominee shows he received $52,792 in 2020 FY. The Tribunal raised its concern that the nominee had not been paid $55,000. The Director’s letter of 4 September 2020 responded in part that:
We paid the nominee as per the Fast food Industry Award and as per our understanding
contract provided applies once the Subclass 187 is granted. As our business required
Nominee, we appointed him on the position regardless to outcome of application as we
needed him urgently on that time. And we wish to keep him for long term. We went for the
Review of the decision on his application as it’s a critical and genuine position.
We never intended to pay less to any of our employee and there is no shortfall in payments.
Only reason his payments are not according to package is because of our understanding that Contract is based on grant of subclass 187 Visa.
The applicant produced a selection of documents/emails/letters from 2016 to 2020 that show the nominee has performed a range of management tasks in the store over the past four years to the present. These documents show the nominee performed a range of tasks as the store’s manager including liaising with Domino’s IT and other departments concerning issues affecting the store.
A signed Employment Contract dated 21 February 2020 shows he would be paid $55,000 salary, and the applicant confirmed that the nominee would be paid under the contract on visa grant. In sum, The Tribunal is satisfied the nominee works in the position as the store manager.
The financial circumstances of the business

The Tribunal is satisfied the business is financially able to operate, and pay the nominated position’s salary, into the reasonably foreseeable future, based on the financial documents:
·Company Income Tax return for 2020, and 2020 financial report, that shows a small loss in the last financial year
·Business Activity Statements for the period July 2018 to June 2020 that show high and consistent sales
·A business transaction statement that shows cash flow from August 2018 to August 2020
In sum, the Tribunal is satisfied the nominator has identified a need for the nominator to employ a paid employee to work in the position under their direct control. Accordingly, the requirements in r.5.19(4)(a) are met.
Nominator is actively and lawfully operating a business in Australia: r.5.19(4)(b)
Regulation 5.19(4)(b) requires that the applicant is actively, lawfully and directly operating a business in Australia.
ASIC Current and Historical Company Extracts show the company is registered. Company tax returns 2019 FY and 2020 FY, together with GST statements to June 2020, support the submission that the business has been and continues to operate lawfully. The foregoing-listed information and documents show the business has continued to operate throughout 2020. In sum, in light of the foregoing discussion and based on the material before it, the Tribunal is satisfied the company/business is actively and lawfully operating as a Domino’s store in Australia. Accordingly, the requirements in r.5.19(4)(b) are met.
Position is not labour-hire: r.5.19(4)(c)
Regulation 5.19(4)(c) applies to nominators whose business activities include those relating to labour hire to an unrelated business. In these cases, the nominated position must be within the business activities of the nominator. However, the information before the Tribunal does not show the business activities include those relating to labour hire to an unrelated business. Accordingly, the requirement in r.5.19(4)(c) does not apply.
Term of employment of the visa holder: r.5.19(4)(d)
Regulation 5.19(4)(d) requires the nominee to be employed in the nominated position for at least 2 years full time, and the terms and conditions of that employment do not expressly exclude the possibility of an extension.
A signed Employment Contract dated 21 February 2017 shows the nominee would be paid $55,000. The contract’s terms satisfy the requirements. In sum, based on the material before it, the Tribunal is satisfied the nominee would be employed in the nominated position for at least two years full time, and the terms and conditions of that employment do not expressly exclude the possibility of an extension. Accordingly, the requirements in r.5.19(4)(d) are met.
No less favourable terms and conditions of employment: r.5.19(4)(e)
Regulation 5.19(4)(e) requires that the terms and conditions of employment applicable to the nominated position will be no less favourable than those that are, or would be, provided to an Australian citizen or permanent resident performing equivalent work in the same workplace at the same location.
The Tribunal has given limited weight to the Regional Development Australia- Riverina Inc advice in Form 1404 on 29 June 2017, now three years ago, that the nomination ‘satisfies’ (amongst other things) this requirement.
The Tribunal notes two salary surveys for a store manager: PayScale states an average salary of $53,190 for a Retail Store Manager; Hay’s Salary Guide 2020/21 states a salary range of $51,000 to $61,000 for a store with a turnover up to $2M.
The nominated position is the sole full-time managerial position in the store. A signed Employment Contract dated 21 February 2020 shows the nominee would be paid $55,000 salary. The salary is within the average salary for this occupation.
In sum, the Tribunal is satisfied, based on material before it, that the terms and conditions applicable to the position will be no less favourable than those that are/would be provided to an Australian citizen or permanent resident performing equivalent work in the same workplace at the same location. Accordingly the requirements in r.5.19(4)(e) are met.
No adverse information known to Immigration: r.5.19(4)(f)
Regulation 5.19(4)(f) requires that there is no adverse information known to Immigration about the nominator or person associated with the nominator; or it is reasonable to disregard any such information. For these purposes, ‘adverse information’ and ‘associated with’ have the meaning given in rr.1.13A and 1.13B. Based on information before the Tribunal there is no adverse information known to the Department about the nominator or a person ‘associated with’ the nominator. Accordingly the requirements in r.5.19(4)(f) are met.
Satisfactory compliance with workplace relations laws: r.5.19(4)(g)
Regulation 5.19(4)(g) requires that the applicant has a satisfactory record of compliance with the laws of the Commonwealth, and of each State or Territory in which the applicant operates a business and employs employees in the business, relating to workplace relations. Based on information before the Tribunal there is no adverse information that suggests the applicant does not have a satisfactory record of compliance with the laws of the Commonwealth, and of each State or Territory in which the applicant operates a business and employs employees in the business, relating to workplace relations. Accordingly the requirements in r.5.19(4)(g) are met.
Tasks of the position, genuine need for the position and training requirements r.5.19(4)(h)
Regulation 5.19(4)(h) contains a number of alternative requirements. In this case, the applicant seeks to satisfy r.5.19(4)(h)(ii) which requires the position and nominator’s business is located in regional Australia, there is a genuine need for the paid position under the nominator’s direct control which cannot be filled by a locally resident Australian citizen or permanent resident, the tasks of the position correspond to those of an occupation specified in the relevant legislative instrument, the occupation is applicable to the proposed employee in accordance with the specification of the occupation, and that a regional certifying body has advised the Minister about certain matters relating to the position.
The Regional Development Australia- Riverina Inc advice in Form 1404 on 29 June 2017 advised it was satisfied about the matters (albeit using different wording) in r.5.19(4)(h)(ii)(B) and (C).
Based on the information before it, the Tribunal finds:
·(A) The position and business are located in Griffith that is ‘regional Australia’.
·(B) The Tribunal has given limited weight to the Regional Development Australia- Riverina Inc advice in Form 1404 that it is ‘satisfied’ about the matters in sub-subparagraph (B). Nonetheless, based on the large volume of material before the Tribunal provided after the application, and in light of the foregoing discussion, the Tribunal is satisfied there is a genuine need to employ a paid employee to work in the position under the nominator’s direct control.
·(C) The Tribunal has given limited weight to the Regional Development Australia- Riverina Inc advice in Form 1404 that it is ‘satisfied’ about the matters in sub-subparagraph (C). The nominator discussed the need for the nominee who has subsequently worked in the business- the Griffith Domino’s store- for years as a retail manager. Based on the material before the Tribunal, and in light of the foregoing discussion, the Tribunal is satisfied the position cannot be filled by an Australian citizen or permanent resident who is living in the same local area.
·(D) The tasks to be performed in the position as set out in the position description correspond to the tasks of a retail manager ANZSCO 142111 which is an occupation specified by the relevant instrument.
·(DA) Based on the material before the Tribunal, the Tribunal is satisfied there are no additional applicability requirements for that occupation.
·(E) Business documents and references show the business and the nominated occupation are located in Griffith. Based on the material before the Tribunal, the Tribunal is satisfied the business operated by the nominator is located at that place.
·(F) The Regional Development Australia- Riverina Inc advice in Form 1404 on 29 June 2017 is that it is ‘satisfied’ about the matters mentioned in paragraph (e) and sub-subparagraphs (B) and (C).
Conclusion
Based on the findings above, the Tribunal is satisfied that the applicant meets the requirements of r.5.19 for approval of the nomination of the position in Australia.
DECISION
The Tribunal sets aside the decision under review and substitutes a decision approving the nomination.
C. Packer
Member

ATTACHMENT - EXTRACTS FROM THE MIGRATION REGULATIONS 1994
5.19Approval of nominated positions (employer nomination)
…
(2)The application must:
(a)be made in accordance with approved form 1395…; and
(aa) include a written certification by the nominator stating whether or not the nominator has engaged in conduct, in relation to the nomination, that constitutes a contravention of subsection 245AR(1) of the Act; and
(b)be accompanied by the fee mentioned in regulation 5.37.
…
Direct Entry nomination
(4)The Minister must, in writing, approve a nomination if:
(a)the application for approval:
(i)       is made in accordance with subregulation (2); and
(ii)      identifies a need for the nominator to employ a paid employee to work in the position under the nominator’s direct control; and
(b)the nominator:
(i)       is actively and lawfully operating a business in Australia; and
(ii)      directly operates the business; and
(c)for a nominator whose business activities include activities relating to the hiring of labour to other unrelated businesses — the position is within the business activities of the nominator and not for hire to other unrelated businesses; and
(d)both of the following apply:
(i)       the employee will be employed on a full-time basis in the position for at least 2 years;
(ii)      the terms and conditions of the employee’s employment will not include an express exclusion of the possibility of extending the period of employment; and
(e)the terms and conditions of employment applicable to the position will be no less favourable than the terms and conditions that:
(i)       are provided; or
(ii)      would be provided;
to an Australian citizen or an Australian permanent resident for performing equivalent work in the same workplace at the same location; and
(f)either:
(i)       there is no adverse information known to Immigration about the nominator or a person associated with the nominator; or
(ii)      it is reasonable to disregard any adverse information known to Immigration about the nominator or a person associated with the nominator; and
(g)the nominator has a satisfactory record of compliance with the laws of the Commonwealth, and of each State or Territory in which the applicant operates a business and employs employees in the business, relating to workplace relations; and
(h)either:
(i)       both of the following apply:
(A)the tasks to be performed in the position will be performed in Australia and correspond to the tasks of an occupation specified by the Minister in an instrument in writing for this sub-subparagraph;
(AAA)the occupation is applicable to the person identified under subparagraph (a)(ii) in accordance with the specification of the occupation;
(B)either:
(I)the nominator’s business has operated for at least 12 months, and the nominator meets the requirements for the training of Australian citizens and Australian permanent residents that are specified by the Minister in an instrument in writing for this sub-sub-subparagraph; or
(II)the nominator’s business has operated for less than 12 months, and the nominator has an auditable plan for meeting the requirements specified in the instrument mentioned in sub-sub-subparagraph (I); or
(ii)      all of the following apply:
(A)the position is located in regional Australia;
(B)there is a genuine need for the nominator to employ a paid employee to work in the position under the nominator’s direct control;
(C)the position cannot be filled by an Australian citizen or an Australian permanent resident who is living in the same local area as that place;
(D)the tasks to be performed in the position correspond to the tasks of an occupation specified by the Minister in an instrument in writing for this sub-subparagraph;
(DA)the occupation is applicable to the person identified under subparagraph (a)(ii) in accordance with the specification of the occupation;
(E)the business operated by the nominator is located at that place;
(F)a body that is:
(I)specified by the Minister in an instrument in writing for this sub-subparagraph; and
(II)located in the same State or Territory as the location of the position;
has advised the Minister about the matters mentioned in paragraph (e) and sub-subparagraphs (B) and (C).

[2020] AATA 3998

16 September 2020

Key Legal Topics

Areas of Law

Immigration

Administrative Law

Legal Concepts

Judicial Review

Statutory Construction

Procedural Fairness

Jurisdiction