Seven Fields Operations Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by Seven Fields Operations Pty Ltd for approval of a nomination of a position under the Direct Entry nomination stream. The dispute concerned whether the applicant met the requirements of regulation 5.19(4) of the Migration Regulations 1994, which govern the approval of such nominations.

The Tribunal was required to determine if the nominating business met the criteria for the Direct Entry nomination stream, specifically regarding the term of employment for the nominee and whether the terms and conditions of employment would be no less favourable than those offered to Australian citizens or permanent residents in equivalent roles. The Tribunal had invited the applicant to provide information to demonstrate compliance with these requirements, but no response was received.

The Tribunal reasoned that it lacked contemporary information to be satisfied that the nominating business had the financial capacity to employ the nominee full-time for at least two years, as required by regulation 5.19(4)(d)(i). Furthermore, the absence of information meant the Tribunal could not be satisfied that the terms and conditions of employment would be no less favourable than those provided to Australian workers, as mandated by regulation 5.19(4)(e). As the applicant failed to satisfy these essential criteria, the Tribunal affirmed the decision under review to refuse the nomination.