Staff Services Employment Pty Ltd (Migration)

This matter concerned an application by Staff Services Employment Pty Ltd for approval of a nomination under the Direct Entry stream. The delegate of the Minister had refused to approve the nomination, and the applicant sought review of that decision by the Tribunal. The core of the dispute revolved around whether the nominated position was genuine and whether the applicant had demonstrated a need to employ a paid employee in that position under its direct control.

The Tribunal was required to determine whether the applicant had satisfied all the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal considered whether the application was compliant, whether there was any adverse information known to the Department, whether the applicant had a satisfactory record of compliance with workplace relations laws, and crucially, whether the tasks of the nominated position were genuine and whether there was a genuine need for the position.

In its reasoning, the Tribunal meticulously examined the evidence presented by the applicant, both before and after the hearing. This included extensive company documents, financial statements, taxation returns, organisational charts, and statutory declarations. The Tribunal found that the application was made in the approved form, accompanied by the prescribed fee, and included the necessary written certification. It also found no evidence of adverse information known to the Department and that the applicant had a satisfactory record of compliance with workplace relations laws. Critically, the Tribunal concluded that the applicant had demonstrated a genuine need for the nominated position of Executive Chef and that the tasks associated with the role corresponded to an occupation specified by the Minister.

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