SS And AB Barnett Family Trust (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning the approval of a nomination for a Customer Service Manager position under the Direct Entry stream of the Regional Sponsored Migration Scheme visa. The applicant, SS And AB Barnett Family Trust, sought to nominate an individual for this role. The core dispute revolved around whether the nomination met the requirements stipulated in Regulation 5.19 of the Migration Regulations 1994.

The Tribunal was tasked with determining whether the nominator, SS And AB Barnett Family Trust, was actively and lawfully operating a business in Australia, whether the terms and conditions of employment for the proposed role were no less favourable than those offered to Australian citizens or permanent residents for equivalent work, and whether there was a genuine need for the position that could not be filled by a local Australian. Specifically, the Tribunal had to assess compliance with various sub-regulations, including those pertaining to adverse information, workplace relations compliance, and the nature and location of the nominated position.

In its reasoning, the Tribunal found that the nominator met the criteria for actively and lawfully operating a business. It was satisfied that the terms and conditions of employment were appropriate and that the nominator had a satisfactory record of compliance with workplace relations laws. Crucially, the Tribunal determined that the position of Customer Service Manager was located in regional Australia, as defined by the relevant legislative instrument in force at the time. Furthermore, evidence presented, including job advertisements and the applicant's submissions, demonstrated a genuine need for the position and that reasonable efforts had been made to fill it with an Australian citizen or permanent resident. The Tribunal also confirmed that the tasks of the position corresponded to the specified occupation of Customer Service Manager and that the nominated employee possessed suitable qualifications.

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