Sohan Fresh Juice Pty Ltd Atf Rajput Family Trust (Migration)

This matter concerned an application by Sohan Fresh Juice Pty Ltd Atf Rajput Family Trust for approval of a nomination for a position under the Direct Entry stream. The applicant operates four Boost Juice stores in Western Australia and sought approval for the nomination of Mr Puneet Thakur for the position of Store Manager, classified as a Retail Manager (General) under ANZSCO 142111, at its Bunbury Forum store. The application was lodged on 26 February 2018, with a nominated base rate of pay of $55,130.

The primary legal issue before the Tribunal was 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. This involved assessing whether the application was compliant, whether there was a genuine need for the nominated employee, whether the position was located in regional Australia, and whether the tasks of the position corresponded to the ANZSCO description for a Retail Manager. The Tribunal also considered requirements relating to the nominator's business operations, compliance with workplace relations laws, and the absence of adverse information.

The Tribunal found that the applicant had satisfied the requirements of regulation 5.19(4). It was satisfied that the application was in the approved form, identified a genuine need for the nominee to be employed under the nominator's direct control, and that the position was located in regional Australia. The Tribunal also determined that the tasks of the position corresponded to the ANZSCO description for a Retail Manager and that the nominator had a satisfactory record of compliance with workplace relations laws. Furthermore, no adverse information was known to the Department regarding the nominator or associated persons.

Consequently, the Tribunal set aside the decision under review and substituted a decision approving the nomination.