Aussie Dera Ltd Atf Aussie Dera Unit Trust (Migration)

This matter concerned an application by Aussie Dera Ltd Atf Aussie Dera Unit Trust for approval of a nomination under the Temporary Residence Transition stream. The dispute arose because the initial decision-maker had not approved the nomination. The Tribunal, constituted by Cathrine Burnett-Wake, 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 Tribunal considered whether the application was compliant, whether the nominator met the status requirements, and whether the nominee had satisfied previous employment criteria. Specifically, the Tribunal examined whether the application was in the approved form, accompanied by the prescribed fee, and identified the correct nominee and occupation. It also assessed whether the nominator was an actively and lawfully operating business in Australia and had not met certain criteria in its most recent sponsorship approval. Furthermore, the Tribunal reviewed the nominee's employment history, including the duration of their Subclass 457 visa, employment in the nominated occupation, and whether the employment was full-time and undertaken in Australia. The Tribunal also considered the future employment terms and conditions for the nominee and the nominator's compliance with training requirements and workplace relations laws.

The Tribunal found that the application met the requirements of regulation 5.19(3). It was satisfied that the application was correctly made, the nominator was actively and lawfully operating a business, and the nominee had met the necessary employment and visa tenure criteria. The Tribunal also determined that the proposed employment terms were favourable and that the nominator had fulfilled its obligations regarding training requirements. Consequently, the Tribunal set aside the original decision and substituted a decision approving the nomination.