SUNTREE SOLAR & ELECTRICAL PTY LTD (Migration)

This matter concerned an application by SUNTREE SOLAR & ELECTRICAL PTY LTD for approval of a nominated position under the Direct Entry nomination stream. The core dispute revolved around whether the applicant genuinely demonstrated a need for the nominated position of Sales and Marketing Manager, particularly in light of the company's financial status and the nominee's concurrent nominations for different roles. The decision was made by Bridget Cullen, Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant met all the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if there was a demonstrated need for the nominated position, if the nominator was actively and lawfully operating a business, and if the nominee's proposed employment was based on genuine business requirements rather than a desire to achieve a migration outcome. The Tribunal also considered the significance of the applicant company being in liquidation.

The Tribunal's reasoning focused on the lack of evidence supporting a genuine need for the Sales and Marketing Manager position. Concerns were raised that the position was newly created, with no prior evidence of such tasks being performed, and that the business's turnover had been increasing without this role. Furthermore, the Tribunal noted that the applicant company had been placed into external liquidation prior to the hearing, a fact not disclosed by the applicant. The Tribunal also considered the nominee's two concurrent nominations for different positions within the same company, which raised further questions about the genuine need for each role.

Ultimately, the Tribunal affirmed the decision under review to refuse the nomination. The Tribunal was not satisfied that the applicant had met the requirements of regulation 5.19(4), particularly the criterion of identifying a need for the nominated position. Consequently, the nomination could not be approved.