Ettitude Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Ettitude Pty Ltd's nomination for a visa. The core dispute revolved around whether Ettitude Pty Ltd met the requirements for approval of its nomination under the Temporary Residence Transition nomination stream, as stipulated by regulation 5.19(3) of the Migration Regulations 1994.

The Tribunal was tasked with determining if Ettitude Pty Ltd had satisfied all the mandatory criteria for the nomination to be approved. This involved assessing whether the application was made in the approved form, accompanied by the prescribed fee, and included the necessary written certification regarding conduct contravening section 245AR(1) of the Act. Furthermore, the Tribunal had to consider whether the nominated person and occupation met the specified requirements, and if the nominator itself fulfilled its obligations as a standard business sponsor, including operating a lawful business and meeting training and compliance requirements.

In reaching its decision, the Tribunal considered a comprehensive suite of documents provided by Ettitude Pty Ltd, including ASIC extracts, business activity statements, profit and loss statements, tax returns, employment contracts, and PAYG summaries. The Tribunal applied regulation 5.19(3), finding that the application was made in the approved form, the required certification was provided, and the nomination fee had been paid. Having reviewed all the submitted material, the Tribunal was satisfied that Ettitude Pty Ltd met the requirements of regulation 5.19 for the approval of the nomination.

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