Diadem DDM Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Diadem DDM Pty Ltd's nomination under the Temporary Residence Transition stream. The core dispute revolved around whether the applicant met the requirements for approval of the nomination, particularly in relation to the nominator's business operations and the nominee's employment history. The Tribunal considered a significant amount of evidence that had not been available to the Department's delegate at the time of the original decision.

The legal issues before the Tribunal were whether the application for approval of the nomination satisfied the requirements of regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the application was made in the approved form, if the nominator was actively and lawfully operating a business in Australia, and if the nominee met the criteria for full-time employment in the nominated occupation for the requisite period. The Tribunal also considered the status of the nominator as a standard business sponsor and whether they had met certain criteria related to overseas business operations.

The Tribunal found that the application was compliant with the procedural requirements, including the correct form and fee, and that the nominee's occupation as an Industrial Designer was consistent with their previous Subclass 457 visa. The Tribunal was satisfied that the nominator, a business operating since 2000 with over 80 staff and multiple offices, was actively and lawfully operating in Australia. Crucially, the Tribunal considered fresh evidence presented during the review, which demonstrated that the nominee had met the requirement of full-time employment for at least two years in the nominated occupation.

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