The Trustee for Australasian Dental Group (Perth) No. 2 Unit Trust (Migration)

This matter concerned an application for the approval of a nominated position under the Direct Entry stream of the Temporary Residence Transition Nomination. The applicant, The Trustee for Australasian Dental Group (Perth) No. 2 Unit Trust, sought to nominate a position for a Dental Technician. The Tribunal was required to determine whether the applicant met all the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal considered each of the requirements of regulation 5.19(4). It found that the nomination application was in the approved form, identified a genuine need for the nominee to be employed under the nominator's direct control, and that the nominator was actively and lawfully operating a business in Australia. The Tribunal also determined that the position was not a labour-hire arrangement, that the terms of employment met the required duration and did not expressly exclude an extension, and that there was no adverse information known to Immigration. Furthermore, the Tribunal was satisfied that the nominator had a satisfactory record of compliance with workplace relations laws.

Crucially, the Tribunal examined regulation 5.19(4)(h)(ii), which applies to positions located in regional Australia. It was satisfied that both the nominated position and the nominator's business were located in the Peel region of Western Australia. The Tribunal heard evidence that the applicant operated multiple dental practices and utilised dental technicians in a laboratory at its Mandurah location to create prosthetic dental items. This evidence, viewed holistically, demonstrated a genuine need for the dental technicians, particularly given the applicant's expanding business in the region.

Based on its findings, the Tribunal concluded that the applicant met all the requirements of regulation 5.19 for the approval of the nomination. Consequently, the Tribunal set aside the decision under review and substituted a decision approving the nomination.