Yoona Pty Ltd ATF The Mook Family Trust (Migration)

This matter concerned an application by Yoona Pty Ltd ATF The Mook Family Trust for approval of a nominated position under the Direct Entry stream of the Employer Nomination scheme. The nominated position was that of a Retail Manager. The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994.

The primary legal issues before the Tribunal were whether the nominated position's tasks corresponded to an occupation specified by the Minister, whether the nominator's business had a genuine need for the position that could not be filled locally, and whether sufficient recruitment activity had been undertaken. The Tribunal also considered the applicant's business operations, including the cancellation of its business name registration and the location of the business in metropolitan Perth, which is not considered regional Australia for the purposes of the regulations.

The Tribunal affirmed the decision to refuse the nomination. It found that the tasks of the nominated position were more closely aligned with a Retail Supervisor rather than a Retail Manager. Furthermore, the Tribunal was not satisfied that there was a genuine need for the position that could not be filled locally, particularly given that the nominee was contractually employed in the role before the position was advertised. The Tribunal concluded that the recruitment activity undertaken was not sufficiently comprehensive to demonstrate that the position could not be filled by an Australian citizen or permanent resident.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination.