Turan Tech Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Turan Tech Pty Ltd's application for approval of a nominated position under the Direct Entry stream of the Employer Nomination scheme. The core dispute revolved around whether the nominated position of Café or Restaurant Manager met all the requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was tasked with determining if the applicant satisfied each of the criteria outlined in regulation 5.19(4), specifically addressing the application's compliance, the nominator's active and lawful operation of a business, the nature of the employment, and the genuine need for the nominated position. This involved examining evidence relating to the business's financial capacity, the terms of employment, and the correspondence between the nominated role and the specified occupation.

In its reasoning, the Tribunal systematically assessed each subregulation of 5.19(4). It found that the application was made in the approved form with the prescribed fee, and that the nominator was actively and lawfully operating a business in Australia, supported by documentary evidence. The Tribunal also confirmed that the nominated position was not for labour hire and that the employment contract met the requirements for full-time employment for at least two years, with no express exclusion of extension. Furthermore, the Tribunal was satisfied that the tasks of the nominated position corresponded to those of a Café or Restaurant Manager and that the nominator had provided appropriate certification from a Regional Certifying Body, despite the position being located in Perth.

Consequently, the Tribunal concluded that Turan Tech Pty Ltd had met all the necessary requirements for the approval of the nomination. The Tribunal set aside the original decision and substituted it with a decision approving the nomination.