VKV Group Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination for a Café or Restaurant Manager position under the Direct Entry stream. The applicant, VKV Group Pty Ltd, sought approval for a nomination, which had been refused by the Department of Immigration. The Tribunal was tasked with determining whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was required to consider whether the application was compliant, if there was a genuine need for the nominated employee under the nominator’s direct control, if the nominee would be employed full-time for at least two years with the possibility of extension, if the terms and conditions of employment were no less favourable than those offered to an Australian citizen or permanent resident, if there was any adverse information known to Immigration about the nominator, and if the nominator had a satisfactory record of compliance with workplace relations laws. Furthermore, the Tribunal had to assess whether the tasks of the position corresponded to an occupation specified by the Minister and if the nominator’s business met certain operational and training requirements, or alternatively, if the position was located in regional Australia and met specific criteria related to local recruitment difficulties and regional certifying body advice.

The Tribunal found that the application was made in the approved form and accompanied by the prescribed fee, and that the nominator identified a need for a paid employee to work under their direct control. Evidence was presented demonstrating that the nominator had actively sought to recruit locally for the Café or Restaurant Manager position without success, highlighting a genuine need for the role due to difficulties in finding suitably qualified local candidates. The Tribunal was satisfied that the nominee would be employed full-time for at least two years, with no exclusion of the possibility of extension, and that the terms and conditions of employment were appropriate. It was also satisfied that there was no adverse information known to Immigration and that the nominator had a satisfactory record of compliance with workplace relations laws. The Tribunal concluded that the nominator’s business operated in a designated regional area and that there was a genuine need for the position, which could not be filled by a local Australian citizen or permanent resident.

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