Junior Club Catering Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a migration matter involving Junior Club Catering Pty Ltd as the nominator and Ms Yijiao Jiang as the nominee. The dispute concerned the approval of a nomination under the Temporary Residence Transition stream for a Human Resource Advisor position. The core issue was whether the nominator had demonstrated the financial capacity to employ the nominee for two years and met the training expenditure requirements.

The Tribunal was required to determine if the nominator satisfied all the criteria stipulated in regulation 5.19(3) of the Migration Regulations 1994 for the approval of a nomination under the Temporary Residence Transition stream. This involved assessing whether the application was compliant, the status of the nominator as a standard business sponsor, and crucially, whether the nominee had met the previous employment requirements, specifically regarding full-time employment in Australia for at least two years within the three years preceding the nomination application.

The Tribunal found that the nominator, Junior Club Catering Pty Ltd, was an actively operating business and the standard business sponsor who had previously identified Ms Jiang in a nomination. The application was made in the approved form, with the required fee and declarations. The Tribunal also determined that Ms Jiang had been employed full-time in the nominated occupation for at least two years within the three years prior to the nomination application. Furthermore, the Tribunal was satisfied that the nominator had met its training requirements and that the terms and conditions of employment offered to Ms Jiang were no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work.

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