Woodside Road Investments Pty Ltd (Migration)

This matter concerned an application for approval of a nomination under the Direct Entry nomination stream of the Migration Regulations 1994. The applicant, a wholesale fruit and vegetable grower operating in Griffith, NSW, sought approval for a nominated position of Procurement Manager, classified under the occupation of Contract Administrator (ANZSCO 511111). The core dispute revolved around whether the applicant met all the requirements stipulated in regulation 5.19(4) for the nomination to be approved.

The court was required to determine whether the applicant had satisfied the various criteria for approval of the nomination. Specifically, this involved assessing whether the application was made in the approved form, whether there was a genuine need for the nominated position to be filled by a paid employee under the nominator's direct control, and whether the business was actively and lawfully operating in Australia. Further considerations included the financial capacity to employ the nominee for at least two years, the terms and conditions of employment being no less favourable than those offered to Australian citizens or permanent residents, and the absence of adverse information or a satisfactory record of compliance with relevant laws.

The Tribunal found that the applicant had met the requirements of regulation 5.19(4)(a), including the application being in the approved form and identifying a need for the position. Evidence was presented, including written statements and oral testimony, demonstrating that the tasks associated with the Procurement Manager role had always existed within the business and were previously managed by the owners. As the business expanded its supplier, customer, and distribution networks, the owners' focus shifted to other areas, leading them, on the advice of their accountant, to identify the cost-effectiveness of employing a dedicated Procurement Manager.

Ultimately, the Tribunal was satisfied that the applicant met the necessary requirements for the approval of the nomination. Consequently, the decision under review was set aside, and a substituted decision was made approving the nomination.