Sourab Group Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination for a Cook position under the Direct Entry stream. The applicant, Sourab Group Pty Ltd, sought approval for a nomination, which had been refused by the delegate. The Tribunal was tasked with determining whether the nominator met all the requirements stipulated in subregulation 5.19(4) of the Migration Regulations 1994 for the approval of the nominated position.

The primary legal issue before the Tribunal was whether Sourab Group Pty Ltd had satisfied all the criteria outlined in regulation 5.19(4) of the Migration Regulations 1994 for the approval of its nomination under the Direct Entry stream. This involved assessing whether the application was compliant, if the nominator was actively and lawfully operating a business in Australia, if the nominated position was not for labour hire, and if the terms and conditions of employment for the nominee met the regulatory standards, including being no less favourable than those offered to Australian citizens or permanent residents. The Tribunal also considered whether there was a genuine need for the nominator to employ a paid employee in the nominated position.

The Tribunal reasoned that the nominator had met the requirements of regulation 5.19(4)(a) by submitting a compliant application, including the necessary certification and identifying a genuine need for a paid employee under its direct control. It was also found that the nominator was actively and lawfully operating its business in Australia and directly managed it, satisfying regulation 5.19(4)(b). As the nominator was not involved in labour hire activities, regulation 5.19(4)(c) did not apply. Furthermore, the proposed employment met the duration and extension possibility requirements of regulation 5.19(4)(d). The Tribunal concluded that the nominator had demonstrated a genuine need to employ a paid employee for the nominated position.

Consequently, the Tribunal set aside the delegate's decision and substituted it with a decision approving the nomination.