CHAMI & ADA REAL ESTATE PTY LTD (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal (AAT) regarding the approval of a nominated position under the Temporary Residence Transition nomination stream. The applicant, CHAMI & ADA REAL ESTATE PTY LTD, sought approval for a Contract Administrator role within their real estate agency. The core dispute revolved around the financial capacity of the business to meet its employment obligations and salary commitments to the visa holder for a continuous period of at least two years following the approval of the nomination and the subsequent issuance of a visa.

The Tribunal was required to determine whether the applicant met all the requirements for approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994. Specifically, the central issue was the financial capacity of the business to sustain the employment of the nominee, including meeting salary commitments for a minimum of two years post-visa grant. The Tribunal also considered the evidence presented by the director of the company, including recent documentation and oral testimony regarding the business's operations and the necessity of the nominated role for business growth.

The Tribunal's reasoning focused on assessing the evidence presented in light of regulation 5.19(3). It considered the director's explanation of the business's structure, the nominee's role in overseeing project development sales contracts, and the director's assertion that the role was essential for expanding the business. After reviewing the financial performance of the business and the information provided by the company's representative, the Tribunal concluded that the applicant had satisfied the requirements for approval. The Tribunal applied the principles outlined in regulation 5.19(3), which mandates that all requirements must be met for a nomination to be approved, with a particular focus on the nominator's financial capacity and the nature of the nominated position.

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