Wellbeing Korea Qld Pty Ltd (Migration)

This matter concerned an application by Wellbeing Korea QLD Pty Ltd for approval of a nominated position under the Direct Entry stream of the Employer Nomination scheme. The applicant sought to nominate a Retail Manager (General) position. The Federal Circuit and Family Court of Australia, through Senior Member Bridget Cullen, was required to determine whether the nominated position met the requirements for approval under regulation 5.19(4) of the *Migration Regulations 1994*.

The core legal issue before the Tribunal was whether Wellbeing Korea QLD Pty Ltd had demonstrated a genuine need for the nominated Retail Manager position, considering the nature of its business, its operational scale, and the availability of local labour. This involved assessing whether the position's tasks corresponded to an eligible occupation and whether the business's location in Cairns qualified it for the regional Australia provisions under regulation 5.19(4)(h)(ii).

The Tribunal found that Wellbeing Korea QLD Pty Ltd, a retailer of Asian groceries and food products in Cairns, operated on a substantial scale, evidenced by its significant retail space, extensive refrigeration facilities, high operational costs, substantial inventory value, and increasing revenue. The Tribunal concluded that these factors substantiated a genuine need for a Retail Manager to oversee the complex operations, including inventory management and supplier interactions. Furthermore, the Tribunal determined that Cairns was considered regional Australia at the time of the application, satisfying the location requirement under regulation 5.19(4)(h)(ii)(A). The Tribunal was satisfied that all other relevant requirements of regulation 5.19(4) were met, including compliance with workplace relations laws and the absence of adverse information.

Consequently, the Tribunal set aside the original decision and substituted a decision approving the nomination of the Retail Manager position.