Kay Ess Aay Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning the approval of a nomination for a Pastrycook position under the Temporary Residence Transition stream. The applicant, Kay Ess Aay Pty Ltd, sought approval of a nomination for a visa.

The Tribunal was required to determine whether the applicant met the general requirements for approval of a nomination under regulation 5.19(4) and the specific requirements for the Temporary Residence Transition stream under regulation 5.19(5) of the Migration Regulations 1994. Key issues included whether the application was made in accordance with the regulations, whether there was any adverse information known to Immigration about the nominator or associated persons, and whether the nominator was actively and lawfully operating a business in Australia. Additionally, the Tribunal considered whether there was a genuine need for the position and if the identified person would be employed full-time for at least two years.

The Tribunal found that the application complied with the procedural requirements of regulation 5.19(2). While adverse information existed concerning an extinct firm previously associated with the nominator's managing director, this information related to a banned firm whose ban had lapsed and was not directly linked to the current nominator. The Tribunal was satisfied that there was no adverse information regarding the nominator itself, which had been approved as a sponsor. Furthermore, the Tribunal was satisfied that the nominator was actively and lawfully operating a business, that there was a genuine need for the position, and that the identified person would be employed full-time for at least two years.

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