SNJ International Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by SNJ International Pty Ltd for approval of a nomination for a position under the Direct Entry stream. The dispute concerned whether the nominated position, held by the director's wife, genuinely required the tasks described and whether there had been a genuine attempt to recruit an Australian citizen or permanent resident. The Tribunal was tasked with determining if the applicant met the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal's reasoning focused on whether the nominated position of Retail Manager (General) satisfied the criteria outlined in regulation 5.19(4)(h). Specifically, it examined whether the tasks of the position were genuinely needed, whether there was a genuine need for a paid employee that could not be filled by a local resident, and whether the tasks corresponded to an occupation specified by the Minister. The Tribunal noted that the position was located in regional Australia and that a Regional Certifying Body had provided advice. However, the Tribunal found that the tasks described were more supervisory than managerial and that there was no evidence of a genuine attempt to recruit locally.

Ultimately, the Tribunal affirmed the decision to refuse the nomination. It concluded that SNJ International Pty Ltd had not satisfied the requirements of regulation 5.19(4), particularly concerning the genuine need for the position and the inability to fill it with a local resident. Consequently, the nomination could not be approved.