WEB DESIGN MARKET PTY LTD (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning the approval of a nomination for a position by WEB DESIGN MARKET PTY LTD. The dispute centred on whether the nominated business and the proposed employment met the requirements of Regulation 5.19(4) of the Migration Regulations 1994, specifically relating to the Direct Entry nomination stream.

The Tribunal was required to determine if the applicant had satisfied all the criteria stipulated in Regulation 5.19(4). This included assessing whether the business was actively and lawfully operating, whether there was a genuine need for a paid employee under the nominator's direct control, and whether the terms and conditions of employment were no less favourable than those offered to an Australian citizen or permanent resident for equivalent work. Furthermore, the Tribunal had to consider whether there was any adverse information known to Immigration and whether the nominator had a satisfactory record of compliance with workplace relations laws.

The Tribunal found that the evidence presented, including financial documentation, projected remuneration, and details of the nominee's employment contract, demonstrated that the business had the financial capacity to support the nominated position. The nominee was to receive a salary exceeding the minimum award rate, with a base salary of $68,000 per annum, exclusive of superannuation, and was provided with a Fair Work Information Statement. The Tribunal was satisfied that the nominator had a satisfactory record of compliance with workplace relations laws and that no adverse information was known to Immigration.

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