AUSUNION PTY LTD (Migration)

The matter before the Tribunal concerned an application by AUSUNION PTY LTD for approval of a nomination under the Temporary Residence Transition nomination stream. The core dispute revolved around whether the applicant, as the nominator, met the requirements stipulated in regulation 5.19 of the Migration Regulations 1994 for the approval of the nominated position. The decision was made by Member Susan Reece Jones.

The Tribunal was required to determine if the applicant satisfied all the criteria for approval of the nomination. Specifically, this involved assessing whether the nomination application was compliant, whether the nominator was an actively and lawfully operating business in Australia and met other sponsorship criteria, and whether the nominee had the requisite previous employment history in the nominated position. The Tribunal also implicitly considered the financial capacity of the business to employ the nominee full-time for a minimum of two years, as this is a fundamental aspect of such nominations.

In its reasoning, the Tribunal systematically addressed each relevant subregulation of regulation 5.19. It found that the nomination application was in the approved form and accompanied by the prescribed fee, thus meeting the compliance requirements of r.5.19(3)(a). Regarding r.5.19(3)(b), the Tribunal was satisfied that AUSUNION PTY LTD was the relevant standard business sponsor who last identified the nominee and was actively and lawfully operating a business in Australia, supported by evidence such as ASIC extracts and financial statements. The Tribunal also confirmed that the nominator did not meet certain criteria relating to overseas business operations in its most recent sponsorship approval. The Tribunal's analysis of the nominee's previous employment history, as required by r.5.19(3)(c), also led to a favourable conclusion.

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