Gamma Allergy Pty Ltd (Migration)

This matter concerned an application by Gamma Allergy Pty Ltd (the applicant) for approval of a nominated position under the Temporary Residence Transition nomination stream. The applicant sought to nominate Mr Daniel Tyshynski for a position as a Sales and Marketing Manager. The Administrative Appeals Tribunal was required to determine 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.

The Tribunal considered whether the application was compliant, whether the nominator was an actively and lawfully operating business, whether there was any adverse information known to Immigration, whether the nominator had a satisfactory record of compliance with workplace relations laws, and whether there was a genuine need for the nominator to employ the nominee. Specifically, the Tribunal examined the applicant's business operations, which involved providing allergy-related immunotherapy products to medical practitioners, and the nominee's role and qualifications as a Sales and Marketing Manager.

The Tribunal found that the application was made in the approved form, with the prescribed fee, and included the necessary certifications. It was satisfied that the nominated occupation, Sales and Marketing Manager (ANZSCO 131112), was the same as that performed by the nominee on his Subclass 457 visa, and that the applicant had a genuine need to employ the nominee in this role. The Tribunal also found that the applicant was an actively and lawfully operating business, had no adverse information known to Immigration, and had a satisfactory record of compliance with workplace relations laws. Furthermore, the Tribunal was satisfied that the nominee possessed the necessary skills and experience for the role and that his continued employment was critical to the applicant's growth.

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