Shiv Blessings Pty. Ltd. (Migration)

This matter concerned an application by Shiv Blessings Pty. Ltd. for approval of a nomination for a position under the Direct Entry stream of the Regional Sponsored Migration Scheme. The nominated position was that of a Retail Manager, with the nominee being Mr. Sandeep Kumar. The application was reviewed by the Tribunal following a refusal of the nomination by the Department.

The primary legal issue before the Tribunal was whether Shiv Blessings Pty. Ltd. met all the legislative requirements for the approval of the employer nomination under regulation 5.19(4) of the Migration Regulations 1994. This involved assessing various aspects of the nomination, including the nature of the business, the genuineness of the need for the position, the labour market testing conducted, and the suitability of the nominee for the role.

The Tribunal's reasoning focused on several key deficiencies in the application. It was noted that the owners of the Brumby's Bakery franchise performed most of the higher-level tasks associated with managing the business, raising questions about the genuine need for a separate Retail Manager. Furthermore, the training undertaken by the nominee, Mr. Kumar, occurred three months prior to the advertisement of the position, and the employment agreement was signed before the advertisement, suggesting a pre-determined outcome rather than a genuine recruitment process. The job advertisement itself was also found to be lacking, as it did not specify the required experience for the role. While the advice of the Regional Certifying Body was considered, it was not determinative of the application's compliance with all regulatory requirements.

Ultimately, the Tribunal affirmed the decision under review to refuse the nomination. The Tribunal found that not all the requirements for approval under regulation 5.19(4) had been met, leading to the refusal of the employer nomination.