CHAMBERLAIN HOTEL MR B'S HOTEL & CAVAN HOTEL & THE ALBION PLACE HOTEL (RESERVE HOTELS PTY LTD AS TRUSTEE) (Migration)

This matter concerned an application for approval of a nomination under the Temporary Residence Transition stream, brought before the Tribunal by Reserve Hotels Pty Ltd as trustee for the Chamberlain Hotel, Mr B's Hotel, and Cavan Hotel & The Albion Place Hotel. The core dispute revolved around whether the applicant met the requirements of regulation 5.19(3) of the Migration Regulations 1994 for the approval of the nominated position of Hotel or Motel Manager.

The Tribunal was required to determine if the applicant had satisfied all the criteria stipulated in regulation 5.19(3), particularly focusing on the delegate's finding that regulation 5.19(3)(f) had not been met. This subregulation pertains to the nominator fulfilling training commitments and complying with training obligations during the period of their most recent approval as a standard business sponsor. The Tribunal also considered whether the application met the formal requirements of regulation 5.19(3)(a), including the correct form, prescribed fee, and identification of a relevant person and occupation that aligned with the nominee's Subclass 457 visa.

The Tribunal reasoned that while the delegate had refused the nomination based on unmet training requirements under regulation 5.19(3)(f), the applicant had since received a further approval as a standard business sponsor on 11 July 2018. Given this recent approval and the limited time that had elapsed, the Tribunal considered it reasonable to disregard the training requirement for the period of this most recent sponsorship. The Tribunal also found that the application met the requirements of regulation 5.19(3)(a), as it was in the approved form, accompanied by the prescribed fee, and identified a nominee holding a Subclass 457 visa who was employed in an occupation with the same four-digit ANZSCO code.

Consequently, the Tribunal set aside the delegate's decision and substituted a decision approving the nomination.