Wangaratta Turf Club Incorporated (Migration)

The Administrative Appeals Tribunal considered an application by the Wangaratta Turf Club Incorporated for approval of a nomination of a position under the Direct Entry nomination stream. The dispute concerned whether the applicant met the requirements for this nomination, specifically relating to the genuine need for the position and the inability to fill it with a local citizen or permanent resident.

The Tribunal was required to determine if the applicant satisfied the criteria set out in regulation 5.19(4) of the Migration Regulations 1994. This involved assessing whether the nominated position met the requirements of regulation 5.19(4)(h), which outlines alternative pathways for approval, including those relating to training benchmarks or the genuine need for a position in regional Australia that cannot be filled by a local resident.

The Tribunal found that the applicant's business was located in regional Australia, leading it to consider the requirements of regulation 5.19(4)(h)(ii). However, the Tribunal noted a lack of contemporary information to establish a genuine need for the paid position under the nominator's direct control. Crucially, the Tribunal considered evidence from the President of the applicant which indicated that such a genuine need did not exist. Consequently, the Tribunal was not satisfied that the applicant met this requirement, nor had the applicant sought to satisfy the criteria under the Temporary Residence Transition Nomination stream.

As the applicant failed to meet the necessary requirements under regulation 5.19(4), the Tribunal affirmed the decision under review to refuse the nomination.