SUHANSH GROUP PTY LTD (Migration)

This matter concerned an application by SUHANSH GROUP PTY LTD for approval of a nomination for a position. The applicant sought to nominate an employee for the position of Cook at its restaurant, Tandoori Delights, located in Warragul, Victoria. The decision was made by Member Mary Sheargold of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for approval of the nomination under the Direct Entry nomination stream, as set out in regulation 5.19(4) of the Migration Regulations 1994. This involved assessing various criteria, including the compliance of the application form, the active and lawful operation of the nominator's business, whether the position was for labour hire, the terms and conditions of employment, the absence of adverse information, satisfactory compliance with workplace relations laws, and the genuine need for the position and its location in regional Australia.

The Tribunal found that the applicant had satisfied all the relevant requirements of regulation 5.19(4). Specifically, the application was in the approved form, identified a need for a paid employee under the nominator's direct control, and was located in regional Australia. The Tribunal was satisfied that the nominator was actively and lawfully operating its business, that the position was not for labour hire, and that the terms and conditions of employment would be no less favourable than those offered to an Australian citizen or permanent resident. Furthermore, there was no adverse information known to Immigration, and the nominator had a satisfactory record of compliance with workplace relations laws. The Tribunal also confirmed that the position was located in regional Australia and that there was a genuine need for the employee.

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