Balaram PTY LTD (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an employer nomination for a Temporary Residence Transition stream visa. The applicant, Balaram PTY LTD, sought approval for a nominated position as an ICT Project Manager. The core dispute revolved around whether the applicant met the general and stream-specific requirements for the approval of the nomination as stipulated in regulations 5.19(4) and 5.19(5) of the Migration Regulations.

The Tribunal was required to determine if the nomination application satisfied the procedural requirements outlined in regulation 5.19(2), including the use of the approved form, identification of the position, nominated person, occupation, subclass, and stream, payment of the prescribed fee, and a certification regarding contraventions of section 245AR(1) of the Migration Act 1958. Furthermore, for applications lodged after 12 August 2018, the Tribunal had to consider the additional requirements of including any applicable nomination training contribution charge and identifying the annual turnover, as defined in the relevant regulations.

The Tribunal reasoned that for the nomination to be approved, all stipulated requirements must be met. It examined the specific provisions of regulation 5.19(2), detailing the necessary components of a valid application. The Tribunal also considered the definition of "annual turnover" as provided in the Charges Regulations, which distinguishes between liable persons operating a business in Australia and other cases, referencing the Income Tax Assessment Act 1997 for the former.

The Tribunal decided to set aside the original decision under review and substitute it with a decision approving the nomination.