The Trustee For Patel United (Migration)

The Administrative Appeals Tribunal considered a decision under review concerning a nomination for the Direct Entry stream. The applicant, The Trustee For Patel United (Migration), sought approval for a nominated position, which had been refused by the Department. The dispute centred on whether the nominated position and the nominator met the requirements of regulation 5.19 of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant satisfied all the criteria for approval of the nomination under the Direct Entry stream. Specifically, the issues included whether the application identified a genuine need for a paid employee under the nominator's direct control, whether the position could not be filled locally, whether the nominator had a satisfactory record of compliance with workplace relations laws, and whether the responsibilities, experience, and attributes of the visa applicant clearly aligned with the duties of the nominated occupation.

The Tribunal found that the visa applicant's responsibilities, experience, and attributes aligned with the duties of a Retail Manager (General). It was satisfied that the nominated salary was appropriate and reflected the applicant's experience, meeting the requirement that terms and conditions of employment be no less favourable than those offered to Australian citizens or permanent residents. The Tribunal also found that the nominator had a satisfactory record of compliance with immigration and workplace relations laws, and that there was no adverse information known to Immigration. Crucially, the Tribunal determined that there was a genuine need for the paid position, which could not be filled locally, and that the tasks of the position corresponded to the relevant ANZSCO occupation.

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