WISECASE AUSTRALIA PTY LTD (Migration)

This matter concerned an application by Wisecase Australia Pty Ltd for approval of a nomination under the Direct Entry stream. The core dispute revolved around whether the nominator had demonstrated sufficient financial capacity to employ the nominated Retail Manager full-time for two years, a requirement under the relevant migration regulations. The decision was made by Mark Bishop.

The Tribunal was required to determine if the nominator met all the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations. Specifically, the Tribunal considered 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 term of employment met the specified criteria. Further, the Tribunal examined whether there was any adverse information known to Immigration, if the nominator had complied with workplace relations laws, and if the tasks of the position represented a genuine need and met training requirements.

The Tribunal found that the nominator had met all the requirements of regulation 5.19(4). It was satisfied that the application was in the approved form, accompanied by the prescribed fee, and identified a need for the nominated position. The nominator had provided evidence of its active and lawful operation of a business in Australia, and the nominated position was within the business activities of the nominator, not labour-hire. The Tribunal also noted that the nominator had provided a comprehensive "genuine position statement" and evidence of attempts to fill the position locally, along with a detailed job description that corresponded to the occupation of Retail Manager as specified in the relevant legislative instrument. Crucially, the nominator had obtained a signed Regional Certifying Body Advice Certificate, which addressed the terms and conditions of employment, the genuine need for the position, and the inability to fill it with a local Australian citizen or permanent resident.

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