Team Tree Lopper Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination application made by Team Tree Lopper Pty Ltd. The dispute centred on whether the applicant, Team Tree Lopper Pty Ltd, met the requirements for approval of a nomination under the Direct Entry stream, specifically for the occupation of Personal Assistant. The Tribunal was tasked with determining if all relevant criteria under regulation 5.19(4) of the Migration Regulations 1994 were satisfied.

The legal issues before the Tribunal included whether the application was compliant, if the nominator was actively and lawfully operating a business in Australia, if there was a genuine need for the nominated position that could not be filled by an Australian citizen or permanent resident, and if the tasks of the position corresponded to an occupation specified by the Minister. Additionally, the Tribunal considered whether there was any adverse information known to Immigration about the nominator or associated persons, and if the nominator had a satisfactory record of compliance with workplace relations laws.

The Tribunal found that the application was made in the approved form, accompanied by the prescribed fee, and identified a need for a paid employee under the nominator's direct control. It was satisfied that Team Tree Lopper Pty Ltd was actively and lawfully operating a tree and garden maintenance business in Broome, Western Australia, and had been doing so since 2014. The Tribunal also determined that there was a genuine need for the Personal Assistant position, which could not be filled by a local Australian citizen or permanent resident, and that the tasks corresponded to the specified occupation. Furthermore, no adverse information was known to Immigration, and the nominator had a satisfactory compliance record with workplace relations laws.

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