Top Import Export Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by Top Import Export Pty Ltd concerning the approval of a nomination for a skilled migration position. The dispute centred on whether the applicant met the requirements for the nomination under the Direct Entry stream of the Migration Regulations 1994.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied all the criteria stipulated in regulation 5.19(4) of the Migration Regulations 1994 for the approval of an employer nomination. Specifically, the Tribunal had to assess whether the applicant met the requirements of regulation 5.19(4)(h), which outlines alternative conditions for nomination approval, including those pertaining to positions located in regional Australia.

The Tribunal's reasoning focused on regulation 5.19(4)(h)(ii)(F), which mandates that a regional certifying body, located in the same state or territory as the position, must have advised the Minister on specific matters. The Tribunal found no evidence on the Department's file, nor any provided by the applicant to the Tribunal, that the necessary certification from a regional certifying body had been obtained. Consequently, the Tribunal concluded that the applicant had failed to meet this crucial requirement of regulation 5.19(4)(h). As the applicant had not sought to satisfy the criteria under the Temporary Residence Transition Nomination stream (regulation 5.19(3)), the Tribunal was not satisfied that the applicant met the overall requirements for nomination approval.

Accordingly, the Tribunal affirmed the decision under review to refuse the nomination.