EKUSH PTY LTD (Migration)

This matter concerned an application by EKUSH PTY LTD for approval of a nominated position under the Temporary Residence Transition nomination stream. The dispute arose when the Department of Home Affairs refused to approve the nomination. The applicant sought review of this decision before the Tribunal.

The Tribunal was required to determine whether EKUSH PTY LTD met all the requirements for approval of the nomination as set out in regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal considered whether the application was compliant, whether the nominator was an actively and lawfully operating business that met certain sponsorship criteria, whether the nominee had the requisite previous employment in the nominated position, and whether there was any adverse information known to Immigration, and if the nominator had a satisfactory record of compliance with workplace relations laws.

The Tribunal found that the nomination application was compliant, and that EKUSH PTY LTD was an actively and lawfully operating business that met the standard business sponsor requirements. It also found that the nominee had been employed in the nominated position for the required period. Furthermore, the Tribunal was satisfied that there was no adverse information known to Immigration and that the nominator had a satisfactory record of compliance with workplace relations laws.

Having considered all the evidence and the relevant regulations, the Tribunal set aside the original decision and substituted a decision approving the nomination.