Sur Holdings Pty. Ltd. (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision to refuse the approval of a nominated position under the Direct Entry stream of the Employer Nomination scheme. The applicant, Sur Holdings Pty. Ltd., sought approval for a Retail Manager position at its service station located in regional New South Wales. The Tribunal was required to determine whether the nominated position and the applicant's business met the relevant criteria under Regulation 5.19 of the Migration Regulations 1994.

The Tribunal considered the requirements of Regulation 5.19(4)(h), which outlines alternative pathways for nomination approval. Specifically, it examined whether the nominated position's tasks corresponded to an occupation specified by the Minister, or alternatively, whether the position and business were located in regional Australia, there was a genuine need for the position that could not be filled by a local resident, and the tasks corresponded to a specified occupation, with advice provided by a Regional Certifying Body. The Tribunal also had regard to the applicant's submission of extensive documentation, including financial statements, employment contracts, recruitment efforts, and advice from a Regional Certifying Body.

The Tribunal found that the applicant's business was located in regional Australia, and accepted the applicant's evidence of difficulty in finding qualified staff due to the location. It was satisfied that the nominated position of Retail Manager corresponded to the tasks detailed in the relevant legislative instrument and that the nominee was to be engaged in accordance with these specifications. Furthermore, the Tribunal noted that a Regional Certifying Body had provided the necessary advice regarding the terms and conditions of employment. Consequently, the Tribunal concluded that the applicant met the requirements of Regulation 5.19.

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