UNIVERSAL TRADE PTY LTD (Migration)

This matter concerned an application for review of a decision to refuse a nomination made by Universal Trade Pty Ltd for a Sales and Marketing Manager position under the Direct Entry stream. The applicant's agent sought to have the refusal decision set aside.

The Tribunal was required to determine whether the nominated position met the requirements of regulation 5.19 of the Migration Regulations 1994, specifically whether there was a genuine need for the nominated person to be employed in the position and whether the position could not be filled by an Australian citizen or permanent resident. The Tribunal also considered the weight to be given to advice from a Regional Certifying Body.

The Tribunal found that while many of the requirements of regulation 5.19 were met, it was not satisfied that the criteria under subregulations 5.19(9)(d) (genuine need for the nominated person) and 5.19(9)(e) (employment for at least 2 years) were satisfied. The Tribunal noted that the nominator had not demonstrated a genuine need for a high-level Sales and Marketing Manager and that the evidence did not sufficiently establish that the position could not be filled by an Australian citizen or permanent resident.

Consequently, the Tribunal was not satisfied that the applicant met the requirements of regulation 5.19 as a whole. Accordingly, the Tribunal affirmed the decision under review to refuse the nomination.