AIC Support Pty Ltd (Migration)

This matter concerned an application by AIC Support Pty Ltd for approval of a nominated position under the Temporary Residence Transition stream. The nominee, Mr Kusafuka, who is the sole director and shareholder of AIC Support Pty Ltd, holds a Subclass 457 visa and was nominated for the position of Corporate General Manager. The applicant company argued that it met the requirements of regulation 5.19(3) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether AIC Support Pty Ltd satisfied all the requirements for the approval of the nomination under regulation 5.19(3). Specifically, the Tribunal had to determine if the nominee had been employed in Australia for the requisite period in the nominated occupation, and if the nominator was actively and lawfully operating a business in Australia, among other criteria. The Tribunal also considered the nature of the nominee's previous employment and the performance of tasks via internet communications.

The Tribunal reasoned that for a nomination to be approved under regulation 5.19(3), all stipulated requirements must be met. It found that the applicant had not demonstrated that the nominee's employment was undertaken in Australia for the required duration, noting that some of the nominee's duties appeared to be performed remotely or in relation to overseas operations. Furthermore, the Tribunal concluded that the applicant had not satisfied the criteria for the Direct Entry nomination stream, as it had not sought to do so.

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