Air Master Compressors P/L (Migration)

The Administrative Appeals Tribunal considered a dispute between Air Master Compressors P/L and the Department of Home Affairs concerning the approval of a nomination for a visa. The applicant, Air Master Compressors P/L, sought approval of a nomination under the Temporary Residence Transition stream, which was refused by the delegate. The Tribunal was tasked with reviewing this refusal.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant satisfied the criteria relating to the future employment of the nominee (r.5.19(3)(d)), the terms and conditions of employment (r.5.19(3)(e)), and the applicant's training commitments and obligations (r.5.19(3)(f)).

The Tribunal reasoned that the applicant failed to provide sufficient contemporary information to satisfy the requirements of regulation 5.19(3). This failure was exacerbated by the applicant's non-response to an invitation issued under section 359(2) of the Migration Act 1958. Consequently, the Tribunal was not satisfied that the nominee would be employed full-time for at least two years, nor that the terms and conditions of employment would be no less favourable than those offered to Australian citizens or permanent residents in equivalent roles. Furthermore, the Tribunal found that the applicant had not adequately demonstrated fulfilment of its training commitments.

Ultimately, the Tribunal affirmed the decision under review to refuse the nomination, finding that the applicant had not met the necessary criteria under regulation 5.19(3).