Bertino, Paul B (Migration)

This matter concerned an application for approval of a nomination of a position under the direct entry stream of the Migration Regulations 1994. The applicant sought to nominate a position for a prospective employee. The Tribunal, constituted by De-Anne Kelly, was required to determine whether the nomination should be approved.

The central legal issue before the Tribunal was whether the nominator met the requirements of regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to consider whether the nominator was actively and lawfully operating a business in Australia and whether the nominated position met the various criteria outlined in the regulation, including the nature of the business, employment terms, and the nominator's compliance and training obligations.

The Tribunal found that the applicant had not provided sufficient evidence to demonstrate that the nominator was actively operating a business, nor did the nominator appear at the hearing to provide such evidence. Furthermore, the applicant had not sought to satisfy the criteria for the Temporary Residence Transition Nomination stream. Consequently, the Tribunal was not satisfied that the applicant met the requirements of regulation 5.19(4).

Accordingly, the Tribunal affirmed the decision under review to refuse the nomination of the position.