Billion Properties Group Pty Ltd (Migration)

This matter concerned an application by Billion Properties Group Pty Ltd for approval of a nomination under the Temporary Residence Transition stream of the Migration Regulations 1994. The applicant sought to have a nomination approved, which had been refused by the Department of Immigration and Border Protection. The Tribunal was required to determine whether the applicant met all the requirements for approval of the nomination as set out in regulation 5.19(3).

The primary legal issues before the Tribunal were whether the nomination application was compliant, whether the nominator was a standard business sponsor actively and lawfully operating a business in Australia, and whether the nominated position and employment conditions met the regulatory criteria. Specifically, the Tribunal had to assess if the application was in the approved form, accompanied by the prescribed fee, and identified a relevant person and occupation. It also needed to consider if the nominator had fulfilled its obligations as a standard business sponsor and if the terms and conditions of employment for the nominated person were no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work.

The Tribunal found that the application was made in the approved form, with the prescribed fee, and correctly identified the nominated occupation and person. Evidence presented, including Australian Business Register extracts, ASIC company registration details, quarterly business activity statements, financial reports, and real estate licence renewals, satisfied the Tribunal that the nominator was a standard business sponsor actively and lawfully operating a business in Australia. Furthermore, the Tribunal was satisfied that the nominated employment was full-time, undertaken in Australia, and offered terms and conditions no less favourable than those for an Australian citizen or permanent resident in an equivalent role. Consequently, the Tribunal set aside the original decision and substituted a decision approving the nomination.