1511064 (Migration)

This matter concerned an application for approval of a nomination under the Temporary Residence Transition stream of the Migration Regulations 1994, heard by Senior Member Miriam Holmes. The applicant sought to have a decision under review set aside and substituted with a decision approving the nomination.

The legal issues before the Tribunal were whether the applicant met all the requirements for approval of the nomination as set out in regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal was required to determine if the application was compliant, if the nominee held a relevant Subclass 457 visa, if the nominated occupation matched the nominee's occupation and had the same ANZSCO unit group code, if there was no adverse information known to Immigration, and if the nominator had a satisfactory record of compliance with workplace relations laws.

The Tribunal found that the application was made in the approved form and accompanied by the prescribed fee, and that the nominee, Mr. Jean-Michel Jonathan Marchand, held a valid Subclass 457 visa. The nominated occupation of Hotel Manager, with ANZSCO code 1413, was found to be the same as the nominee's occupation. Regarding adverse information, the Tribunal considered past counselling for breaches of sponsorship obligations in 2013, but deemed it reasonable to disregard this given the applicant had paid the travel costs, only received counselling, and had subsequently been approved as a sponsor. The Tribunal also found no evidence of non-compliance with workplace relations laws, noting that while an unfair dismissal matter was conciliated, there were no other reported issues.

Consequently, the Tribunal was satisfied that the applicant met the requirements of regulation 5.19 and set aside the decision under review, substituting it with a decision approving the nomination.