HUBKEY IMPORT AND EXPORT PTY LTD (Migration)

The Administrative Appeals Tribunal considered an application by HUBKEY IMPORT AND EXPORT PTY LTD concerning the approval of a nominated position under the Temporary Residence Transition nomination stream. The dispute centred on whether the applicant, as the nominator, and the nominee, Mr. Pang Liu, met the requirements stipulated in regulation 5.19 of the Migration Regulations 1994.

The Tribunal was required to determine if the application for approval was compliant, if the nominator was a standard business sponsor actively and lawfully operating a business in Australia, and if the nominee met the previous employment and training requirements. Specifically, the Tribunal had to assess whether the nominated occupation matched the nominee's previous Subclass 457 visa occupation, whether the nominator was the relevant sponsor and not subject to certain exclusionary criteria, and whether the nominee had held the requisite visas and been employed full-time in Australia for the specified periods. Furthermore, the Tribunal needed to consider the future employment terms for the nominee, the fairness of those terms compared to local workers, the nominator's compliance with training requirements, the absence of adverse information, and the nominator's record of workplace relations compliance.

In its reasoning, the Tribunal found that the application was made in the approved form, with the prescribed fee, and included the necessary certification. It was satisfied that the nominated occupation, importer or exporter (ANZSCO 133311), had the same four-digit occupation code as the nominee's previous Subclass 457 visa occupation. The Tribunal also confirmed that HUBKEY IMPORT AND EXPORT PTY LTD was the relevant standard business sponsor, actively and lawfully operating a wine exporting business, and had not met the exclusionary criteria in its most recent sponsorship approval. The Tribunal was satisfied that the nominee met the employment and visa holding requirements for the Temporary Residence Transition stream, and that the business had met its training commitments and complied with workplace relations laws.

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