Li's Massage Therapy Pty Ltd (Migration)

This matter concerned an application for approval of a nomination under the Temporary Residence Transition stream of the Migration Regulations 1994. The applicant, Li's Massage Therapy Pty Ltd, sought approval of a nomination for a position, and the Tribunal was required to determine whether the applicant met the requirements of regulation 5.19(3) as in effect at the time of the nomination application.

The primary legal issue before the Tribunal was whether the applicant had satisfied all the criteria stipulated in regulation 5.19(3) for the approval of the nomination. This involved assessing whether the application was made in the approved form, accompanied by the prescribed fee, and included the required certification relating to conduct contravening section 245AR(1) of the Migration Act 1958. Furthermore, the Tribunal had to determine if the application correctly identified a person holding a Subclass 457 visa and an occupation listed in ANZSCO with the same 4-digit occupation unit group code as that held by the visa holder.

The Tribunal's reasoning focused on a detailed examination of each sub-regulation within 5.19(3). It found that the application was made on the correct form, with the prescribed fee, and included the necessary certification. The Tribunal was satisfied that the identified nominee, Mrs Lin Li, held a valid Subclass 457 visa at the relevant time. Crucially, the Tribunal found that the nominated occupation of Massage Therapist was listed in ANZSCO and shared the same 4-digit occupation unit group code as the nominee's Subclass 457 visa occupation, based on departmental records and documentary evidence. Having satisfied itself that all requirements of regulation 5.19(3) were met, the Tribunal set aside the original decision under review.

The Tribunal substituted a decision approving the nomination.