All Access Concrete Pumping Pty Ltd (Migration)

This matter concerned an application by All Access Concrete Pumping Pty Ltd for the approval of a nomination under the Temporary Residence Transition stream of the subclass 457 visa program. The applicant sought to nominate Mr Gerard Hollywood for a position within the company. The Tribunal was required to determine whether the applicant met all the requirements for the approval of the nomination as set out in regulation 5.19 of the Migration Regulations 1994.

The legal issues before the Tribunal included whether the nomination application was compliant, whether the nominator, All Access Concrete Pumping Pty Ltd, was a standard business sponsor actively and lawfully operating a business in Australia and had not met certain overseas business operation criteria, whether there was no adverse information known to Immigration about the nominator or associated persons, whether the nominator had a satisfactory record of compliance with workplace relations laws, and whether there was a genuine need for the nominator to employ the nominee. The Tribunal also considered the applicant's financial capacity to employ the nominee for at least two years full-time and whether the terms and conditions of employment would be no less favourable than those provided to an Australian citizen or permanent resident.

The Tribunal found that the nomination application was compliant and that All Access Concrete Pumping Pty Ltd was a standard business sponsor actively and lawfully operating in Australia, having last identified the nominee for a subclass 457 visa and not meeting certain overseas business operation criteria. It was satisfied that there was no adverse information known to Immigration concerning the nominator or associated persons, and that the nominator had a satisfactory record of compliance with workplace relations laws. The Tribunal was also satisfied that there was a genuine need to employ the nominee, that the business had the financial capacity to employ the nominee full-time for at least two years, and that the terms and conditions of employment would be no less favourable than those offered to an Australian citizen or permanent resident.

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