Southern Cross Personnel Pty Ltd (Migration)

This matter concerned an appeal by Southern Cross Personnel Pty Ltd against a decision to refuse its nomination for a position under the Direct Entry nomination stream. The core of the dispute revolved around whether the applicant genuinely needed to employ a full-time recruitment consultant, given the circumstances of the proposed nominee.

The Tribunal was required to determine if the applicant met the requirements of regulation 5.19(4) of the Migration Regulations 1994, specifically whether there was a genuine need for a full-time employee to work in the nominated position under the nominator's direct control. This involved assessing the applicant's business operations, the employment status of the nominee, and the overall justification for a full-time role.

The Tribunal affirmed the decision to refuse the nomination. It found that the nominee, Mr Li, was employed on a part-time basis of 20 hours per week due to restrictions on his student visa, which was valid until October 2019. Despite the applicant's submission of a genuine need for a full-time recruitment consultant, the Tribunal noted that the contract for this role was entered into when the applicant was aware of the nominee's part-time work limitations. The Tribunal concluded that the applicant had not satisfied the criteria for a genuine need for a full-time employee, particularly in light of the nominee's ongoing student status and part-time employment.