Zachiz Pty Ltd Atf The Tom Stojanovski Family Trust (Migration)

This matter concerned an application by Zachiz Pty Ltd Atf The Tom Stojanovski Family Trust for approval of a nominated position under the Direct Entry stream. The applicant sought to nominate a motor mechanic. The Tribunal was required to determine whether the requirements of regulation 5.19 of the Migration Regulations 1994 were met for the approval of the nomination.

The legal issues before the Tribunal were whether the nominator had identified a genuine need for a paid employee to work under their direct control, whether the nominator was actively and lawfully operating a business in Australia, and whether the nominated position was not a labour-hire arrangement. Further issues included whether there was any adverse information known to Immigration, whether the nominator had a satisfactory record of compliance with workplace relations laws, and whether the tasks of the position corresponded to an occupation specified by the Minister, with a genuine need for the position and appropriate training requirements.

The Tribunal found that the nominator had provided evidence of business expansion and a shortage of skilled motor mechanics in the regional area, thereby establishing a genuine need for the position. Documentation confirmed the nominator was actively and lawfully operating a business, and the employment contract indicated the position was not for labour hire. The Tribunal was satisfied that no adverse information was known to Immigration, and there was no evidence of non-compliance with workplace relations laws. The detailed position description and the nominator's statement regarding recruitment difficulties and the nominee's employment supported the genuine need for the position and its correspondence to an occupation specified by the Minister.

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