Team Western Australia Pty Ltd ATF The White Family Trust (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination for a position under the Direct Entry stream. The parties involved were Team Western Australia Pty Ltd ATF The White Family Trust, the nominator, and the visa applicant. The dispute centred on whether the nominator met the requirements for approving the nominated position, specifically a Retail Manager (General) role.

The Tribunal was required to determine if the nominator satisfied the criteria outlined in regulation 5.19(4) of the Migration Regulations 1994. This involved assessing whether there was a genuine need for a paid employee, whether the position could not be filled locally by an Australian citizen or permanent resident, and whether the terms and conditions of employment were no less favourable than those offered to an Australian worker in an equivalent role. Additionally, the Tribunal considered requirements relating to the nominator's compliance with workplace relations laws and the absence of adverse information known to Immigration.

The Tribunal's reasoning involved a detailed examination of the evidence presented. It found that the visa applicant's qualifications and experience substantially aligned with the duties of a Retail Manager (General). The Tribunal was satisfied that the nominator had made genuine efforts to recruit locally, including extensive advertising and interviewing, but had been unable to find a suitable Australian candidate. The terms and conditions of employment, including salary, were found to be comparable to those for similar roles and compliant with regulations. The Tribunal also noted the nominator's satisfactory record of compliance with workplace relations laws and the absence of adverse information.

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