Ca De Vin Pty Ltd (Migration)

The Administrative Appeals Tribunal (Cth) reviewed a decision concerning Ca De Vin Pty Ltd's employer nomination for a Chef position under the Temporary Residence Transition stream. The core dispute revolved around whether the applicant, Mr. Rajeev Sharma, and his nominator, Ca De Vin Pty Ltd, met the requirements stipulated in regulation 5.19 of the Migration Regulations 1994 for the approval of the nominated position.

The Tribunal was tasked with determining if the application for approval was made in the approved form, accompanied by the prescribed fee, and identified a relevant person and occupation that aligned with the nominee's existing visa status. Furthermore, the Tribunal had to ascertain if the nominator was actively and lawfully operating a business in Australia and had not met certain exclusionary criteria in its most recent sponsorship approval. Crucially, the Tribunal also needed to assess whether the nominee had met the employment duration and full-time work requirements, and if the terms and conditions of employment were no less favourable than those offered to Australian citizens or permanent residents for equivalent work. Finally, the Tribunal had to consider the nominator's compliance with training commitments and obligations, and whether there was any adverse information known to Immigration about the nominator or associated persons.

The Tribunal found that the application was compliant with the formal requirements, including the correct form, fee, and certification regarding conduct contravening s.245AR(1). It was satisfied that the nominated occupation of Chef (ANZSCO 351311) matched the nominee's previous Subclass 457 visa occupation, both sharing the same 4-digit occupation code. The evidence presented, including company extracts, financial statements, and tax returns, demonstrated that Ca De Vin Pty Ltd was actively and lawfully operating a business in Australia. The Tribunal concluded that all requirements of regulation 5.19 were met.

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