Mithra Investments Pty Ltd ATF The Samaranayake Family Trust (Migration)

This matter concerned an application by Mithra Investments Pty Ltd ATF The Samaranayake Family Trust for approval of a nominated position under the Temporary Residence Transition nomination stream. The applicant sought to have the decision under review set aside and a substituted decision approving the nomination. The core of the dispute revolved around whether the applicant met the requirements of regulation 5.19(3) of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant had satisfied all the criteria stipulated in regulation 5.19(3) for the approval of the nominated position. Specifically, this involved assessing whether the application was made in the approved form, whether the nominated occupation matched the occupation held by the nominee on a Subclass 457 visa, and whether the nominator was actively and lawfully operating a business in Australia. Further, the Tribunal had to consider the nominee's employment history and the terms and conditions of the proposed employment, as well as the nominator's compliance with training commitments and any adverse information.

The Tribunal's reasoning focused on a detailed examination of the evidence provided by the applicant, including financial statements, tax returns, employment contracts, and business sponsorship approvals. It was satisfied that the application met the formal requirements of regulation 5.19(3)(a) and that the nominated occupation of Graphic Designer (ANZSCO 232411) aligned with the nominee's previous Subclass 457 visa occupation. Crucially, the Tribunal found that the applicant had provided sufficient evidence to demonstrate compliance with the requirements regarding the nominee's employment history and the terms of employment, as well as the nominator's business operations and training obligations.

Ultimately, the Tribunal found that the applicant had met the requirements of regulation 5.19 for the approval of the nomination. Accordingly, the Tribunal set aside the decision under review and substituted a decision approving the nomination.