Islam Kazi Muzharul (Migration)

This matter concerned an application for approval of a nomination under the Temporary Residence Transition nomination stream, specifically for the occupation of Retail Buyer. The applicant sought to have a previous decision reviewed and set aside. The case was heard by Warren Stooke AM.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for the approval of the nomination as stipulated in regulation 5.19(3) of the Migration Regulations 1994. This involved assessing various criteria, including the applicant's business operations, the nominee's employment terms and conditions, the business's financial capacity to employ the nominee for at least two years, and the nominator's compliance with training benchmark requirements. The Tribunal also considered the tasks and responsibilities of the nominated position and whether the employment terms were no less favourable than those provided to Australian citizens or permanent residents performing equivalent work.

The Tribunal reasoned that the applicant had provided sufficient evidence to satisfy the requirements of regulation 5.19. This included evidence of the business's registration and operation, the nominee's employment history and proposed future employment terms, and documentation relating to training expenditure. The Tribunal found that the nominee's duties aligned with the ANZSCO Code for Retail Buyer and that the proposed salary and employment conditions met the regulatory standards. Crucially, the Tribunal was satisfied that the business had a genuine need for the nominee and that the employment terms and conditions would be no less favourable than those offered to an Australian worker in an equivalent role.

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