KELLY'S BAR & GRILL PTY LTD (Migration)

This matter concerned an application by Kelly's Bar & Grill Pty Ltd for approval of a nomination of a position under the Temporary Residence Transition stream. The dispute arose when the Department of Immigration and Border Protection refused to approve the nomination. The applicant sought review of this decision before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant had met all the requirements for the approval of a nomination under subregulation 5.19(3) of the Migration Regulations 1994. This involved determining whether the application was compliant, the status of the nominator, and the previous employment history of the nominee in the nominated occupation.

The Tribunal found that the applicant had provided a comprehensive and satisfactory submission demonstrating that all the criteria under regulation 5.19(3) were met. Specifically, the Tribunal was satisfied that the application was made in the approved form, accompanied by the prescribed fee, and included the necessary certification. It was also satisfied that the nominator met the requirements of being the relevant standard business sponsor, actively and lawfully operating a business in Australia, and that the nominee had the requisite employment history in the nominated occupation. Consequently, the Tribunal set aside the original decision and substituted a decision approving the nomination.