Brajkovich Demolition & Salvage (WA) Pty Ltd (Migration)

This matter concerned an application by Brajkovich Demolition & Salvage (WA) Pty Ltd for approval of a nominated position under the Temporary Residence Transition stream. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(3) of the Migration Regulations 1994. The core of the dispute revolved around the applicant's financial capacity to pay the nominated position's full-time salary for two years, despite a reduction in business activity.

The Tribunal was tasked with assessing whether the applicant satisfied all the criteria stipulated in regulation 5.19(3). This included verifying that the nomination application was compliant, that the nominator was an actively and lawfully operating business in Australia, and that the nominee had the requisite employment history in the nominated occupation. Crucially, the Tribunal had to consider the nominator's financial capacity to meet the salary requirements for the nominated position over the specified period.

In its reasoning, the Tribunal found that the applicant had met the preliminary requirements regarding the application form, fees, and identification of the relevant person and occupation. It was also satisfied that the nominator was an active and lawful business, evidenced by its registration and financial statements. Furthermore, the Tribunal confirmed that the nominee had fulfilled the employment duration requirements within the relevant three-year period. The Tribunal's decision to set aside the original decision was based on its satisfaction that all regulatory requirements for the approval of the nomination had been met.

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