JOEL CO. GROUP PTY LTD (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination application made by JOEL CO. GROUP PTY LTD. The dispute centred on whether the applicant met the requirements for approval under the Temporary Residence Transition nomination stream of the *Migration Regulations 1994*.

The primary legal issue before the Tribunal was to determine if JOEL CO. GROUP PTY LTD had satisfied all the criteria stipulated in regulation 5.19(3) of the *Migration Regulations 1994* for the approval of its nomination. This involved assessing whether the application was compliant, the status of the nominator, and other specific conditions related to the nominee's visa and employment history.

The Tribunal found that the application met the requirements of regulation 5.19(3)(a), having been made on the approved form, accompanied by the prescribed fee, and including the necessary written certification. It was also satisfied that the application correctly identified the nominee, Youngmin Lee, and the nominated occupation of Graphic Pre-press Trades Worker, which aligned with the nominee's Subclass 457 visa and ANZSCO classification. Furthermore, the Tribunal was satisfied that the nominator, JOEL CO. GROUP PTY LTD, was the relevant standard business sponsor and was actively and lawfully operating a business in Australia, having been previously approved as a sponsor in relation to the nominee. The Tribunal concluded that the requirements of regulation 5.19(3)(b) were met.

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