JINAO INTERNATIONAL HOLDING (AUSTRALIA) PTY LTD (Migration)

This matter concerned an application by JINAO INTERNATIONAL HOLDING (AUSTRALIA) PTY LTD for approval of a nomination under the Temporary Residence Transition stream. The applicant sought to nominate an individual for the occupation of Carpenter and Joiner. The decision under review had refused this nomination. The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(3) of the Migration Regulations 1994.

The Tribunal was required to assess whether the nomination application was compliant, specifically addressing whether it was in the approved form, accompanied by the prescribed fee, and included the necessary certification regarding conduct contravening s.245AR(1) of the Act. Furthermore, the Tribunal had to consider the status of the nominator, determining if it was a standard business sponsor actively and lawfully operating a business in Australia, and if it met certain criteria related to its most recent sponsorship approval. The Tribunal also needed to be satisfied that the nominated occupation matched the occupation held by the nominee on their Subclass 457 visa and that the nominee met the employment duration and conditions requirements.

The Tribunal found that the application was made in the approved form, with the prescribed fee and the required certification. It was satisfied that the nominated occupation, Carpenter and Joiner (ANZSCO 331211), was the same as that held by the nominee on their Subclass 457 visa, sharing the same 4-digit occupation code. The Tribunal was also satisfied, based on documentary evidence and oral testimony, that the nominator was a standard business sponsor actively and lawfully operating a business in Australia and had not met the excluded criteria for its most recent sponsorship approval. Crucially, the Tribunal noted that there was no adverse information known to the Department regarding the nominator.

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