KRUNCH & CRUNCH CATERING PTY LTD (Migration)

This matter concerned an application by KRUNCH & CRUNCH CATERING PTY LTD for approval of a nomination under the Temporary Residence Transition stream. The decision under review, which had refused the nomination, was before the Administrative Appeals Tribunal for reconsideration. The Tribunal considered the applicant's submissions and the relevant departmental files to determine whether the nomination met the requirements of Regulation 5.19 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant satisfied all the criteria stipulated in Regulation 5.19(3) 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, the employment history and future employment prospects of the visa applicant, the terms and conditions of employment, the nominator's training requirements, and the absence of adverse information or a satisfactory record of compliance with relevant laws.

The Tribunal found that the applicant met the requirements of Regulation 5.19(3)(a) concerning the form, fee, certification, and identification of the relevant person and occupation. It also found that the nominator satisfied the criteria in Regulation 5.19(3)(b) regarding its status as an actively and lawfully operating business in Australia and its sponsorship history. Furthermore, the Tribunal was satisfied that the evidence provided, including recent submissions from the applicant's agent, demonstrated that the visa applicant met the employment duration and nature requirements under Regulation 5.19(3)(c) and (d), and that the proposed employment terms and conditions complied with Regulation 5.19(3)(e). Crucially, the Tribunal was satisfied that the nominator had met its training requirements as stipulated in Regulation 5.19(3)(f).

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