Starcastle Investments Pty Ltd (Migration)

This matter concerned an application by Starcastle Investments Pty Ltd for approval of a nominated position under the Direct Entry stream of the Employer Nomination scheme. The applicant sought to nominate a Grape Grower position. The Administrative Appeals Tribunal was required to determine 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.

The Tribunal considered several legal issues, including whether the nomination application was compliant with the prescribed form and fee requirements, and whether there was a genuine need for the nominated employee to work under the nominator's direct control. Further issues included whether there was any adverse information known to Immigration concerning the nominator, whether the nominator had a satisfactory record of compliance with workplace relations laws, and whether the nominated position met the criteria relating to the tasks of the position, a genuine need, and training requirements, particularly given the position was located in regional Australia.

The Tribunal reasoned that the application was made in the approved form and, as the position was in regional Australia, no fee was payable. It was satisfied that the application identified a genuine need for a paid employee under the nominator's direct control, distinguishing this from a mere declaration of need. The Tribunal found no adverse information known to Immigration, nor any evidence suggesting a lack of satisfactory compliance with workplace relations laws. Crucially, it determined that the nominated position of Grape Grower, located in Bridgeland, Western Australia, satisfied the requirements for positions located in regional Australia, including a genuine need and the inability to be filled by a local Australian citizen or permanent resident.

Accordingly, the Tribunal set aside the original decision and substituted a decision approving the nomination.