Titulaer Group Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a dispute concerning the approval of a nomination for a Café or Restaurant Manager position under the Direct Entry stream. The applicant, Titulaer Group Pty Ltd, sought to have a decision refusing the nomination approval set aside. The Tribunal was tasked with determining whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was required to assess several key issues. These included whether the nominated position was genuine, whether the terms and conditions of employment were no less favourable than those offered to Australian citizens or permanent residents for equivalent work, and whether the tasks of the position corresponded to those of an occupation specified by the Minister. Additionally, the Tribunal considered whether there was any adverse information known to Immigration regarding the nominator or associated persons, and whether the nominator had a satisfactory record of compliance with workplace relations laws.

In its reasoning, the Tribunal reviewed the financial information provided by the applicant, noting inconsistencies in earlier submissions but finding that updated financial statements indicated a net profit for the period July 2021 to January 2022. The Tribunal also considered the organisational chart and a letter confirming the genuine need for a café or restaurant manager. Applying the requirements of regulation 5.19(4), the Tribunal found that the tasks of the position corresponded to a specified occupation, there was a genuine need for the nominee, and the position could not be filled by a locally resident Australian citizen or permanent resident. The Tribunal was satisfied that the applicant met the requirements of regulation 5.19(4)(e), (f), and (g), and specifically the alternative requirements under regulation 5.19(4)(h)(ii) concerning positions in regional Australia.

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