LIVE PRODUCTIONS AUSTRALIA PTY LTD (Migration)

This matter concerned an application by Live Productions Australia Pty Ltd for approval of a nomination under the Temporary Residence Transition stream. The dispute arose from a decision to refuse the nomination, which the applicant sought to have reviewed. The review was heard by Wan Shum of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994. This involved determining if the nominee was employed in the nominated occupation for the requisite period, if the employment was full-time and in Australia, and if the nominator had met its training obligations. The Tribunal also considered whether the nominee would continue to be employed full-time for at least two years, with the possibility of extension, and if the terms and conditions of employment were no less favourable than those provided to Australian citizens or permanent residents.

The Tribunal reasoned that the evidence presented, including employment contracts, payslips, financial statements, and training records, demonstrated that the nominee had been employed in the occupation of Performing Arts Technician for at least two years. It was satisfied that the employment was full-time and undertaken in Australia, and that the nominator had met its training requirements, including spending at least 1% of its payroll expenditure on employee training. The Tribunal also found that the nominee would continue to be employed full-time for at least two years, with no express exclusion of the possibility of extending this period, and that the employment terms were satisfactory.

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