AROUND TRANSPORTS PTY LTD (Migration)

This matter concerned an application by Around Transports Pty Ltd for approval of a nomination for the position of Transport Company Manager under the Temporary Residence Transition stream. The applicant sought to nominate Mr Abdul Baseer Shahbaz, who held a Subclass 457 visa. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(3) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether Around Transports Pty Ltd had satisfied all the criteria stipulated in regulation 5.19(3) for the approval of the employer nomination. This involved assessing whether the application was made in the approved form, whether the nominated person held a relevant Subclass 457 visa, and whether the nominated occupation matched the occupation held by the visa holder. Furthermore, the Tribunal had to consider whether the nominator was actively and lawfully operating a business in Australia, and crucially, whether the nominee had been employed in the nominated position on a full-time basis for at least two years within the three years preceding the nomination application. The Tribunal also considered the requirements relating to the terms and conditions of employment, the nominator's training commitments, and the absence of adverse information.

The Tribunal's reasoning focused on a detailed examination of the evidence provided by the applicant, including comprehensive financial records and oral submissions. It was satisfied that the application met the formal requirements of regulation 5.19(3)(a). Crucially, the Tribunal found that the nominee had commenced full-time employment in the nominated position on 22 June 2015 and had held this position for a period exceeding two years, satisfying the employment duration requirement under regulation 5.19(3)(c)(i). The Tribunal also considered the applicant's status as a standard business sponsor and its operational status, finding these criteria were met. The Tribunal noted that while a non-disclosure certificate had been issued regarding certain internal departmental information, the applicant had accepted its validity and did not seek the release of the information.

Ultimately, the Tribunal concluded that Around Transports Pty Ltd had met all the necessary requirements for the approval of the nomination under regulation 5.19(3). Accordingly, the Tribunal set aside the original decision under review and substituted a new decision approving the nomination.