INSIDEOUT SPECIALIZED SERVICES PTY LTD (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered a review of a decision concerning the approval of a nomination for the Temporary Residence Transition nomination stream. The applicant, INSIDEOUT SPECIALIZED SERVICES PTY LTD, sought approval for a nomination for the occupation of Floor Finisher. The delegate had not been satisfied that the applicant had demonstrated a genuine need to employ a paid employee in the nominated position under the nominator's direct control.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for the approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994. This involved assessing whether the application was compliant, if the nominator was actively and lawfully operating a business in Australia, and crucially, whether there was a genuine need for the nominator to employ the nominee as a paid employee in the specified position under their direct control.

The Tribunal found that the application was made in the approved form, accompanied by the prescribed fee, and included the necessary certification regarding conduct contravening s.245AR(1). It was satisfied that the nominee, Mr. Amit Singh Kathayat, had previously held a Subclass 457 visa in the occupation of Floor Finisher, and the nominated position aligned with this previous employment. Contrary to the delegate's view, the Tribunal was satisfied that the application had identified a genuine need for the nominator to employ the nominee. The Tribunal also found that the nominator was actively and lawfully operating a business in Australia.

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