Bajaria Global Pty Ltd ATF D Bajaria Family Trust 2 And The Trustee For K Bajari (Migration)

This matter concerned an application by Bajaria Global Pty Ltd ATF D Bajaria Family Trust 2 and The Trustee For K Bajari (Migration) to the Administrative Appeals Tribunal. The dispute centred on the approval of a nomination for a position under the Temporary Residence Transition stream of the Migration Regulations 1994. The Department had initially refused to approve the nomination, leading to the applicant's appeal to the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal had to consider the applicant's financial capacity to employ the visa nominee, compliance with training requirements, the absence of adverse information known to Immigration, and a satisfactory record of compliance with workplace relations laws. The Tribunal also considered whether the nominee would be employed full-time for at least two years on terms that did not expressly preclude an extension of employment.

The Tribunal found that while the business operated with high turnover and low profit, its financial statements, including updated reports, demonstrated its capacity to absorb occasional losses and service its wage bill, including that of the visa nominee. The Tribunal also considered it reasonable to disregard the strict requirements of regulation 5.19(3)(f)(i)(B) regarding training expenditure due to substantial compliance. Furthermore, the Tribunal was satisfied that there was no adverse information known to Immigration and that the nominator had a satisfactory record of compliance with workplace relations laws.

Consequently, the Tribunal set aside the Department's decision and substituted a decision approving the nomination.