Christian Poulsen (Migration)

This matter concerned an application for approval of a nomination for the Temporary Residence Transition stream, specifically for the occupation of a cook. The applicant sought review of a decision that had not approved the nomination.

The court was required to determine whether the nominator, a business, met the criteria for approval under regulation 5.19 of the Migration Regulations 1994. This involved assessing whether the business was lawfully operating in Australia, was financially healthy, and whether the proposed employment terms and conditions for the nominated individual were appropriate and met the relevant legislative requirements.

The Tribunal found that the applicant had satisfied the requirements of regulation 5.19. The reasoning focused on the nominator's active and lawful operation of a business in Australia, its financial health, and the compliance with employment conditions that were no less favourable than those offered to Australian citizens or permanent residents for equivalent work. The Tribunal was satisfied that the nominator met the necessary criteria for the approval of the nomination.

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