Cebsjs Pty Ltd (Migration)

This matter concerned an application by Cebsjs Pty Ltd for the approval of a nominated position under the Temporary Residence Transition stream. The dispute arose when the nomination was not approved, leading to a review by the Tribunal. The Tribunal, presided over by Member Mary Sheargold, was tasked with determining 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 primary legal issue before the Tribunal was whether Cebsjs Pty Ltd had satisfied all the criteria stipulated in regulation 5.19(3) for the approval of a nominated position. This involved assessing various aspects of the applicant's business, including its operational status, financial capacity, and compliance with employment and training obligations. Specifically, the Tribunal needed to consider the evidence provided regarding the nominee's previous employment, the financial capacity to employ the nominee for the required period, and the terms and conditions of employment. A key consideration was whether the nominator had met its training benchmark obligations, or if it was reasonable to disregard those requirements.

The Tribunal's reasoning focused on the comprehensive documentation submitted by the applicant, which included business and financial statements, tax returns, employment contracts, and evidence of the nominee's work history. The Tribunal found that the applicant had provided sufficient evidence to demonstrate that it was actively and lawfully operating a business in Australia and had the financial capacity to employ the nominee. Crucially, the Tribunal noted that the training benchmark regulation had been repealed, and it was reasonable to disregard the previous training requirements in light of this change. Having considered all the material, the Tribunal concluded that the applicant met the requirements of regulation 5.19.

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