Derek William John Faulknall (Migration)

This matter concerned an application by Derek William John Faulknall for the nomination of a Subclass 186 visa under the Temporary Residents Transition Nomination Stream. The dispute centred on whether Mr Faulknall met the requirements for the approval of the nomination as prescribed by regulation 5.19 of the Migration Regulations. The decision was made by Sheridan Lee.

The primary legal issue before the court was to determine whether the applicant, Mr Faulknall, satisfied all the requirements for the approval of a nomination under regulation 5.19(3) of the Migration Regulations. This involved assessing whether the application was compliant, whether Mr Faulknall was a standard business sponsor who was actively and lawfully operating a business in Australia, and whether the nominee had been previously employed in the nominated occupation.

The court found that the application was compliant, having been made on the prescribed form with the prescribed fee paid, and that the necessary written certification regarding contraventions of section 245AR(1) had been provided. The court was satisfied, based on evidence including an Australian Business Register extract, profit and loss statements, Business Activity Statements, PAYG payment summaries, and a business bank account statement, that Mr Faulknall was actively and lawfully operating a business in Australia. Furthermore, the court found that the nominee had been continuously employed in the nominated occupation of bricklayer since the grant of his Subclass 457 visa until the date of the nomination application, supported by a contract of employment and PAYG statements. Consequently, the court found that all the requirements of regulation 5.19(3) were met.