MANAN TRANSPORT PTY LTD (Migration)

This matter concerned an application by Manan Transport Pty Ltd for the approval of a nomination under the Temporary Residence Transition stream of the subclass 457 visa program. The applicant sought to nominate Mr Varinder Singh Manan for the position of Customer Service Manager. The Tribunal was required to determine whether the applicant met all the requirements for approval of the nomination as set out in regulation 5.19 of the Migration Regulations 1994.

The primary legal issues before the Tribunal were whether the nomination application was compliant, whether the nominator, Manan Transport Pty Ltd, was actively and lawfully operating a business in Australia and met specific criteria relating to its most recent sponsorship approval, and whether the nominee had met the employment and visa holding period requirements. Additionally, the Tribunal considered whether the nominator had fulfilled its training benchmark obligations and whether there was any adverse information concerning the nominator.

The Tribunal found that the nomination application was made in the approved form and accompanied by the prescribed fee, thus satisfying regulation 5.19(3)(a). It was satisfied that Manan Transport Pty Ltd was the standard business sponsor who last identified the nominee and that the company was actively and lawfully operating a business in Australia, evidenced by financial documents and registration details. The Tribunal also found that the nominee had held a subclass 457 visa for at least two years and had been employed in the nominated position for the same period, fulfilling the requirements of regulation 5.19(3)(c)(i). The Tribunal concluded that the nominator had met its training benchmark obligations under regulation 5.19(3)(f).

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