Manpower Builders Pty. Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Manpower Builders Pty. Ltd's application for approval of a nomination for a Building Associate position under the Temporary Residence Transition stream of the Employer Nomination Scheme visa. The applicant sought to nominate Mr. Carlos Andres Lasso Gil for the position.

The primary legal issue before the Tribunal was whether the applicant met the general requirements for approval of a nomination as set out in regulation 5.19(4) and the specific requirements for the Temporary Residence Transition stream under regulation 5.19(5) of the Migration Regulations 1994. This involved assessing various criteria, including the application's compliance with prescribed forms and fees, the nominator's financial capacity, compliance with employment laws, and the visa status of the nominated individual.

The Tribunal found that the applicant satisfied the requirements of regulation 5.19(4), including having a satisfactory record of compliance with employment laws and having paid any applicable training contribution charges. Crucially, the Tribunal was satisfied that the nominated individual, Mr. Gil, met the requirements of regulation 5.19(5), having held relevant visas since 2016 and currently being on a bridging visa as an applicant for a Subclass 186 visa. The Tribunal also noted that the occupation of Building Associate did not require mandatory licensing or registration.

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