Aumax Group Pty Ltd (Migration)

This matter concerned an application by Aumax Group Pty Ltd for approval of a nomination under the Temporary Residence Transition nomination stream. The applicant sought to nominate Mr Bin Wen for the occupation of Real Estate Representative. The original nomination had been made by PSN Partners Pty Ltd, a related entity of Aumax Group, and subsequently transferred to Aumax Group following an internal company restructure. The Administrative Appeals Tribunal was required to determine whether the nomination satisfied the requirements of regulation 5.19(3) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether Aumax Group Pty Ltd met all the criteria for approval of the nomination under the Temporary Residence Transition stream, specifically in light of the company's restructure and the transfer of Mr Wen's employment from PSN Partners Pty Ltd to Aumax Group. The Tribunal had to consider whether the applicant, as the nominator, was actively and lawfully operating a business in Australia and whether the nominee's employment history and the terms of employment met the regulatory requirements.

The Tribunal reasoned that the company restructure, which resulted in the transfer of business operations and Mr Wen's employment from PSN Partners Pty Ltd to Aumax Group, did not prevent Aumax Group from meeting the nomination requirements. It was satisfied that Aumax Group was actively and lawfully operating a business and that Mr Wen's occupation as a Real Estate Representative was the same as that for which he was previously nominated. The Tribunal found that the application was made in the approved form, accompanied by the prescribed fee, and included the necessary certification. Furthermore, it was satisfied that Mr Wen held a Subclass 457 visa granted on the basis of satisfying the relevant criterion and that the nominated occupation had the same 4-digit ANZSCO code as his previous occupation.

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