De Silva Kapila (Migration)

This matter concerned an application for approval of a nomination under the Temporary Residence Transition stream of the Migration Regulations 1994. The applicant sought to have a nomination for the occupation of Graphics Pre-Press Trades Worker approved. The Tribunal was required to determine whether the applicant met all the requirements of regulation 5.19(3) of the Migration Regulations 1994 for the nomination to be approved.

The primary legal issue before the Tribunal was whether the nominator, the applicant, had demonstrated sufficient financial capacity to employ the nominee for at least two years, and whether the terms and conditions of the nominee's employment were appropriate. The Tribunal also considered whether it was reasonable to disregard certain training requirements in light of the evidence provided. The Tribunal had invited the applicant to provide further information to demonstrate compliance with the criteria, granting an extension for this purpose.

The Tribunal's reasoning focused on assessing the comprehensive documentation provided by the applicant, which included financial statements, PAYG summaries, tax assessments, an employment agreement, and evidence of the nominee's work history and maternity leave. The Tribunal found that the provided evidence, including updated financial information and details of the nominee's previous and proposed employment, satisfied the requirements of regulation 5.19(3). Specifically, the Tribunal was satisfied that the nominee would be employed on a full-time basis for at least two years, with terms and conditions that were not less favourable than those offered to an Australian citizen or permanent resident in an equivalent role.

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