Trans Petroleum (Australia) Pty Ltd (Migration)

This matter concerned an application by Trans Petroleum (Australia) Pty Ltd for approval of a nominated position under the Migration Regulations 1994. The dispute arose when the initial decision to refuse the nomination was reviewed by the Tribunal. The nominating entity operated a substantial retail fuel and fast-moving consumer goods business in regional Western Australia, alongside a winery and a housing development business. The applicant sought to nominate a Marketing Specialist.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for approval of the nomination under the Direct Entry nomination stream, specifically as set out in regulation 5.19(4) of the Migration Regulations 1994. This involved determining if there was a genuine need for the position, if the terms and conditions of employment were appropriate, and if the nominator had a satisfactory record of compliance with relevant laws. The Tribunal also considered whether the position could be filled by an Australian citizen or permanent resident.

The Tribunal's reasoning focused on assessing the evidence presented regarding the nominator's business operations, the responsibilities of the nominated Marketing Specialist role, and the nominator's recruitment efforts. It found that the applicant's qualifications and experience substantially aligned with the duties of a Marketing Specialist (ANZSCO 225113). The Tribunal was satisfied that the terms and conditions of employment were equivalent to those offered to Australian employees in similar roles and that the nominator had a satisfactory record of compliance with workplace relations laws. Crucially, the Tribunal found that the nominator had presented a more comprehensive suite of evidence than was available to the original delegate, demonstrating a genuine need for the position that could not be filled by an Australian citizen or permanent resident.

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