Lau's Wings Pty Ltd (Migration)

This matter concerned an application by Lau's Wings Pty Ltd for approval of a nominated position under the Temporary Residence Transition nomination stream. The dispute centred on whether the applicant met the requirements for approval, specifically concerning the nominated occupation of Café or Restaurant Manager and the nominator's training commitments and obligations. The decision was made by Jade Murphy.

The court was required to determine whether the application for approval of the nominated position met the criteria set out in regulation 5.19(3) of the Migration Regulations 1994. This involved assessing whether the application was compliant, the status of the nominator as an actively and lawfully operating business sponsor, and whether the nominee met the employment and visa history requirements. Crucially, the court also had to consider the nominator's fulfilment of training commitments or whether it was reasonable to disregard these obligations.

The Tribunal found that the application was made in the approved form, accompanied by the prescribed fee, and correctly identified the nominee and her occupation as Café or Restaurant Manager, which matched her previous Subclass 457 visa occupation. It was also satisfied that the nominator was actively and lawfully operating a Chinese restaurant in Australia and had not met certain criteria that would disqualify them as a sponsor. The Tribunal concluded that the nominator had fulfilled its training commitments or that it was reasonable to disregard any non-compliance in this regard.

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