Mr Meticulous Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by Mr Meticulous Pty Ltd for approval of a nomination for a position under the Temporary Residence Transition stream. The dispute concerned whether the applicant met the requirements for this approval, specifically in relation to the nominee's occupation and the nominator's status as a business sponsor.

The Tribunal was required to determine if the application for approval met the requirements of regulation 5.19(3) of the Migration Regulations 1994. This involved assessing whether the application was in the approved form, accompanied by the prescribed fee, and included the necessary certification regarding conduct contravening s.245AR(1). Furthermore, the Tribunal had to ascertain if the nominator was an actively and lawfully operating business in Australia and had not met certain overseas business operation criteria in its most recent sponsorship approval.

The Tribunal found that the application was made in the approved form, the prescribed fee was paid, and the required certification was included. It was satisfied that the nominated occupation, Facilities Manager (ANZSCO code 149913), was the same as that carried out by the nominee under a Subclass 457 visa and shared the same four-digit occupation code. The Tribunal also concluded that Mr Meticulous Pty Ltd was an actively and lawfully operating business in Australia, supported by evidence of BAS statements, financial statements, tax returns, and ASIC records.

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