Shunkang Investment Aust Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an employer nomination for a Chief Executive or Managing Director position under the Direct Entry stream. The applicant, Shunkang Investment Aust Pty Ltd, sought approval for the nominated position, which the nominee had occupied since 2012.

The Tribunal was required to determine whether the applicant met all the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal considered whether the application was compliant, if the nominator was actively and lawfully operating a business in Australia, if the position was not labour-hire, if the term of employment was sufficient, if the terms and conditions were no less favourable than those offered to Australian workers, if there was no adverse information known to Immigration, if there was satisfactory compliance with workplace relations laws, and if the tasks of the position, genuine need, and training requirements were met.

The Tribunal found that the applicant satisfied all the relevant requirements of regulation 5.19(4). It was satisfied that there was a genuine need for the nominated position, that the nominator was actively operating a business, and that the nominee had been performing the role for an extended period. The Tribunal also noted the absence of adverse information and a satisfactory record of compliance with workplace relations laws.

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