K KAUR & S SINGH (Migration)

This matter concerned an application for approval of a nomination of a position under the Temporary Residence Transition stream, brought by K KAUR & S SINGH. The dispute centred on whether the nominator was actively and lawfully operating a business in Australia, a requirement for the nomination to be approved. The decision was made by Senior Member John Cipolla of the Tribunal.

The Tribunal was required to determine if the applicant met the requirements for approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal needed to assess whether the application was compliant, whether the nominator was actively and lawfully operating a business in Australia, and whether the previous employment of the nominee met the specified criteria.

The Tribunal found that the application was made in the approved form and identified a need for a paid employee under the nominator's direct control. Crucially, the Tribunal was satisfied, based on financial documents including business activity statements and partnership tax returns, as well as oral evidence from the nominator and a statement from their accountant, that the nominator was actively and lawfully operating a business in Australia. The Tribunal also confirmed that the nominated position was under the direct control of the applicant and that the nominee's previous employment met the requirements of the regulations.

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