The Leprechaun General Store & Tearooms (Migration)

The Administrative Appeals Tribunal reviewed a decision to refuse the nomination of a position by The Leprechaun General Store & Tearooms, a café business operating in Dawesville, Western Australia. The applicant sought approval for a Direct Entry nomination stream position.

The primary legal issue before the Tribunal was whether the applicant met the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal considered whether there was a genuine need for the nominated position, whether the position could be filled by a locally resident Australian citizen or permanent resident, and whether the tasks of the position corresponded to an occupation specified in the relevant legislative instrument. The Tribunal also examined the requirement for advice from a specified Regional Certifying Body.

The Tribunal affirmed the decision to refuse the nomination. While the Tribunal was satisfied that the Regional Certifying Body had provided the required advice regarding the genuine need for a paid employee and the inability to fill the position with a local resident, it found that the applicant had not demonstrated that it met the overall requirements of regulation 5.19(4). The Tribunal noted that the applicant had not sought to satisfy the criteria under the Temporary Residence Transition Nomination stream, and therefore, the nomination could not be approved.