Sidd Pty Ltd (Migration)

Sidd Pty Ltd sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm a refusal to approve a nomination for a position under the Direct Entry stream of the Business Innovation and Investment Program. The nominated position was that of a café or restaurant manager.

The primary legal issue before the court was whether the nominated position could have been filled by an Australian citizen or permanent resident. This involved determining whether the employer, Sidd Pty Ltd, had made sufficient efforts to recruit an Australian worker for the position before nominating a foreign national. The court also considered the implications of a regional certifying body report in this context.

Justice O'Loughlin reasoned that the employer's efforts to recruit an Australian citizen or permanent resident were insufficient. The court found that the evidence did not demonstrate that the employer had genuinely sought to fill the position with a local worker, which was a prerequisite for nomination approval. Consequently, the Minister's decision to affirm the refusal was upheld.