Freshworks Australia Pty Ltd (Migration)

This matter concerned an application for approval of a nominated position under the Temporary Residence Transition nomination stream. The applicant, Freshworks Australia Pty Ltd, sought approval for a Corporate General Manager position, with the nominee being Mr Strelesh Vijayan Pillai. The decision under review had refused the nomination, and the applicant sought to have this decision set aside.

The primary legal issue before the Tribunal was whether the applicant 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 had to determine if there was a genuine need for the nominator to employ the nominee in the nominated position under the nominator’s direct control, which was the basis for the original refusal.

The Tribunal found that the application satisfied the formal requirements of regulation 5.19(3)(a), including the correct form, fee, and identification of the nominee and occupation. It also confirmed that the nominee held the requisite Subclass 457 visa and that the nominated occupation (Corporate General Manager, ANZSCO 111211) matched the nominee's previous role. Crucially, regarding the genuine need, the Tribunal considered the business's substantial and rapid growth, its approximately 30 employees, and the leadership competencies required for such an organisation. The Tribunal concluded that the business's success was directly attributable to the nominee's work and dedication, and that no organisation would employ an executive at that remuneration level without a strong belief in their centrality to the business's success. The Tribunal also found that the nominator had a satisfactory record of compliance with immigration and workplace relations laws.

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