Hedland Taxis (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Ljubica Spoljaric, trading as Hedland Taxis, for the approval of a nomination for a Transport Company Manager position. The nomination was made in favour of Ms Bozana Ivkovic for a Subclass 186 visa in the Temporary Residence Transition stream. The dispute centred on whether Hedland Taxis met the requirements for approving the nomination under regulation 5.19 of the Migration Regulations 1994.

The Tribunal was required to determine if the nominator, Hedland Taxis, satisfied the general requirements for nomination approval under reg 5.19(4) and the specific requirements for the Temporary Residence Transition stream under reg 5.19(5). This involved assessing whether the business was actively and lawfully operating, whether there was a genuine need for the nominated employee, whether the position was genuine, and whether the nominee met the visa stream criteria, including their employment history and visa status.

The Tribunal found that Hedland Taxis met the relevant regulatory requirements. It was satisfied that the business was actively and lawfully operating in Australia, that there was a genuine need to employ a paid employee under the nominator's direct control, and that the position itself was genuine. Furthermore, the Tribunal was satisfied that there was no adverse information concerning the nominator and that the nominee, Ms Ivkovic, met the criteria regarding her previous visa status and employment history in Australia. The Tribunal also confirmed that Hedland Taxis had a satisfactory record of compliance with employment laws and that any applicable training contribution debts had been paid.

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