GOLDEN AGE CINEMA AND BAR PTY LTD (Migration)

This matter concerned an application by GOLDEN AGE CINEMA AND BAR PTY LTD for approval of a nominated position under the Temporary Residence Transition nomination stream. The decision under review had refused to approve the nomination. The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(3) of the Migration Regulations 1994.

The primary legal issues before the Tribunal were whether the application was compliant, whether the nominator met the status requirements, and whether the nominee satisfied the criteria for the nominated occupation. Specifically, the Tribunal considered whether the nominee’s Subclass 457 visa needed to be held at the time of the nomination application, the alignment of the nominated occupation with the nominee's previous employment, and the nominator's status as an active and lawfully operating business sponsor. The Tribunal also examined the nominator's compliance with training commitments and obligations.

The Tribunal reasoned that regulation 5.19(3)(a)(ii) did not expressly require the nominee to hold a Subclass 457 visa at the precise moment the nomination application was lodged, finding it permissible for the criterion to be met by a visa granted subsequently. It was satisfied that the nominated occupation, Operations Manager, was listed in ANZSCO and aligned with the nominee's previous work. The Tribunal found that the nominator was an active and lawfully operating business sponsor with a history of sponsorship approvals and that the nominee had met the requisite periods of employment and visa holding. Furthermore, the Tribunal determined that the nominator had either fulfilled or it was reasonable to disregard its training commitments.

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