Bransdon & Bransdon Pty Limited (Migration)

This matter concerned an application by Bransdon & Bransdon Pty Limited for approval of a nominated position under the Direct Entry stream of the Employer Nomination Scheme visa. The Tribunal was required to determine whether the applicant met the general requirements for approval of the nomination under r.5.19(4) and the stream-specific requirements under r.5.19(9) of the Migration Regulations 1994.

The legal issues before the Tribunal were whether the nomination application complied with the procedural requirements, including the provision of a financial report and the payment of the training contribution charge, whether there was any adverse information known to Immigration, whether mandatory licensing or registration requirements were met, and whether the nominator had a satisfactory record of compliance with employment laws. Additionally, the Tribunal had to consider whether the nominator was actively and lawfully operating a business, whether there was a genuine need for the nominated position, and whether the nominee would be employed full-time for at least two years.

The Tribunal found that the application met all the general requirements under r.5.19(4), including the provision of the required financial information and training contribution charge, the absence of adverse information, and satisfactory compliance with employment laws. Furthermore, the Tribunal was satisfied that the stream-specific requirements for the Direct Entry stream under r.5.19(9) were met, specifically that the nominator was actively operating a business, there was a genuine need for the nominee, and the nominee would be employed full-time for at least two years. Consequently, the Tribunal set aside the original decision and substituted a decision approving the nomination.