Louenhide Pty Ltd (Migration)

This matter concerned an application by Louenhide Pty Ltd for the approval of an employer nomination for a Temporary Residence Transition nomination stream. The dispute arose from a previous decision that had not approved Louenhide's nomination. The case was heard by Ian Berry, a Member of the Tribunal.

The Tribunal was required to determine whether Louenhide Pty Ltd had demonstrated the financial capacity to pay the nominee's salary for at least two years, and if so, whether all the requirements outlined in regulation 5.19(3) of the Migration Regulations 1994 were satisfied. Specifically, the Tribunal considered whether the application was in the approved form, if the nominator was a standard business sponsor actively and lawfully operating a business in Australia, and if the nominee had the requisite previous full-time employment in the nominated position.

The Tribunal found that Louenhide Pty Ltd had met the requirements of regulation 5.19(3). It was satisfied that the application was compliant, that Louenhide was an active and lawful business sponsor, and that the nominee, Ms Selika Thapa, had been employed full-time in the nominated role of sales and marketing manager from 2014 to the present. The Tribunal also noted that the nominee held a Subclass 457 visa and that the nominated occupation had the same 4-digit ANZSCO code.

Consequently, the Tribunal set aside the previous decision under review and substituted a decision approving Louenhide Pty Ltd's nomination.