TRAFFIC WERX NT PTY LTD (Migration)

The Administrative Appeals Tribunal considered a nomination application made by Traffic Werx NT Pty Ltd, a registered corporation operating in the Northern Territory that designs, manages, and implements traffic management plans. The dispute concerned the approval of a nomination for a contract administrator position under the Direct Entry stream. The Tribunal had before it the Department's files, Tribunal files, and information from the internet, ASIC, and Department policy.

The primary legal issue before the Tribunal was whether the applicant met the general requirements for approval of the nomination under regulation 5.19(4) and the stream-specific requirements under regulation 5.19(9) of the Migration Regulations 1994 (Cth). Specifically, the Tribunal needed to determine if the nominated position was genuine, if the nominee was genuinely performing the duties of a contract administrator, and if the applicant had the financial capacity to employ the nominee full-time for a minimum of two years.

The Tribunal found that the applicant had lawfully operated its business in Australia since 2010 and had a genuine need for a contract administrator, having delegated this role to the nominee since 2019 due to the director's inability to manage all aspects of the business alone. The Tribunal was satisfied that the nominee was genuinely carrying out the full duties and responsibilities of a contract administrator and that the position was genuine. Furthermore, the Tribunal considered the applicant's financial capacity, noting its annual turnover and the employment of 55 on-road traffic employees, concluding that the business had the capacity to employ the nominee full-time for the required period. The Tribunal also addressed adverse information regarding a previous sanction issued in 2016, finding it reasonable to disregard this information in light of the subsequent compliance and the business's current operational status.

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