Bianco Family Trust (Migration)

This matter concerned an application for approval of a nomination for a position under the Temporary Residence Transition stream. The applicant sought to have the decision under review set aside and substituted with a decision approving the nomination. The Tribunal considered whether the applicant met the requirements of regulation 5.19 of the Migration Regulations 1994.

The primary legal issues before the Tribunal were whether the nominator met the requirements of regulation 5.19(3)(b) concerning active and lawful operation of a business, whether the nominee met the employment requirements under regulation 5.19(3)(c), and crucially, whether the nominator had fulfilled training requirements under regulation 5.19(3)(f) or if it was reasonable to disregard this requirement. The Tribunal also considered whether there was any adverse information known to Immigration under regulation 5.19(3)(g) and if the nominator had a satisfactory record of compliance with workplace relations laws under regulation 5.19(3)(h).

The Tribunal found that the nominator, The Trustee for Bianco Family Trust, was actively and lawfully operating a business in Australia, satisfying regulation 5.19(3)(b). It also found that the nominee met the employment criteria under regulation 5.19(3)(c). Regarding the training requirements under regulation 5.19(3)(f), the Tribunal determined that it was reasonable to disregard the failure to meet the specific training benchmark because the nominator had made an aggregate expenditure on training over the term of its most recently approved sponsorship that was commensurate with the total training commitment for that period. The Tribunal also found no adverse information and a satisfactory record of compliance with workplace relations laws.

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