WESTLAKES CAR WASH PTY LTD ATF WESTLAKES CAR WASH UNIT TRUST (Migration)

This matter concerned an application for approval of a nomination of a position under the Direct Entry nomination stream, brought by WESTLAKES CAR WASH PTY LTD ATF WESTLAKES CAR WASH UNIT TRUST. The applicant sought to nominate a Car Wash Manager position. The review was heard by George Hallwood.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for the approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. This involved assessing whether the application was compliant, if the nominator was actively and lawfully operating a business in Australia, if the position was not labour-hire, and if the terms of employment met specific criteria. Additionally, the Tribunal had to consider whether there was any adverse information known to Immigration, if the nominator had a satisfactory record of compliance with workplace relations laws, and if there was a genuine need for the nominated position, particularly in regional Australia.

The Tribunal considered oral and documentary evidence, including ASIC documents, financial statements, trust tax returns, BAS statements, organisation charts, and employment contracts. It was satisfied that the application was made in the approved form, accompanied by the prescribed fee, and identified a genuine need for the nominator to employ the identified person, Mr Dhillon, as a paid employee to work in the position of Car Wash Manager under the nominator’s direct control. The Tribunal found that the nominator was actively and lawfully operating a business in Australia, that the position was not for labour hire, and that the terms of employment met the required duration and conditions. Furthermore, the Tribunal was satisfied that there was no adverse information known to Immigration, that the nominator had a satisfactory record of compliance with workplace relations laws, and that the position and business were located in regional Australia, fulfilling the requirements of regulation 5.19(4)(h)(ii).

The Tribunal set aside the decision under review and substituted a decision approving the nomination.