GRD GROUP NT PTY LTD (Migration)

This matter concerned an application by GRD GROUP NT PTY LTD for approval of a nomination under the Temporary Residence Transition stream. The applicant sought to nominate Mr Anthony Wormald for the occupation of Roof Tiler. The Administrative Appeals 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 Tribunal was tasked with assessing whether the applicant satisfied the various criteria stipulated in regulation 5.19(3). This included verifying that the application was made in the approved form, accompanied by the prescribed fee, and identified a relevant person and occupation. Crucially, the Tribunal had to determine if the nominated occupation (Roof Tiler, ANZSCO 333311) matched the occupation carried out by the nominee, Mr Wormald, who held a Subclass 457 visa. Further considerations included whether the nominator was an actively and lawfully operating business in Australia, and whether the nominee had held one or more Subclass 457 visas for a total period of at least two years and had been employed in the nominated position for the same duration, on a full-time basis. The Tribunal also had to consider the terms and conditions of employment, the nominator's training obligations, and any adverse information known to the Department.

In its reasoning, the Tribunal found that the applicant had satisfied the formal requirements of the application, including the correct form, fee, and identification of the nominee and occupation. It was satisfied that Mr Wormald held a Subclass 457 visa and that his work tasks were consistent with the ANZSCO description for Roof Tiler. The Tribunal also found that the nominee had been employed full-time in the role for the requisite period, that the employment conditions were favourable and comparable to those for Australian citizens or permanent residents, and that the nominator had met its training obligations.

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