H Al Kurdi & R Barakat & R Barakat & Y El-Kurdi (Migration)

This matter concerned an application for approval of a nomination under the Temporary Residence Transition stream of the Migration Regulations 1994. The parties involved were H Al Kurdi & R Barakat & R Barakat & Y El-Kurdi as the nominator, and the applicant for the nomination approval. The dispute centred on whether the nominator met the requirements for approval of the nomination, specifically concerning the operation of their business and the employment conditions offered. The decision was made by Cathrine Burnett-Wake, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine whether the nominator satisfied all the requirements stipulated in regulation 5.19(3) of the Migration Regulations 1994 for the approval of the nomination. This involved assessing whether the application was compliant, whether the nominator was actively and lawfully operating a business in Australia, and whether the nominated position met specific criteria related to full-time employment and favourable employment conditions. The Tribunal also considered the status of the nominator as a standard business sponsor and their compliance with relevant sponsorship obligations.

The Tribunal's reasoning focused on the evidence presented regarding the nominator's business, Australian Stylish Cabinets, which was established in 2009 as a family partnership. Mrs Barakat provided details of the business's operations, including the manufacture and installation of custom kitchens for private clients and builders, and highlighted significant growth in recent years, supported by profit and loss statements showing an increase in sales. The Tribunal was satisfied that the application met the formal requirements of regulation 5.19(3)(a), including the correct form, fee, and certification. Furthermore, the Tribunal found that the nominator was actively and lawfully operating a business in Australia, as required by regulation 5.19(3)(b)(ii).

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