Mr Rafiqul Alam Khan (Migration)

This matter concerned an application for approval of a nomination under the Temporary Residence Transition stream of the Migration Regulations 1994. The applicant, Mr Rafiqul Alam Khan, sought to have a decision under review set aside and substituted with a decision approving the nomination. 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(3).

The Tribunal considered several legal issues, including whether the application was compliant under regulation 5.19(3)(a), specifically regarding the approved form, prescribed fee, required certification, and identification of a relevant person and occupation. It also examined whether the nominator met the criteria under regulation 5.19(3)(b), including being an actively and lawfully operating business in Australia and not having met certain overseas business operation criteria in the most recent sponsorship approval. Further issues included whether there was any adverse information known to Immigration about the nominator or associated persons under regulation 5.19(3)(g), and whether the nominator had a satisfactory record of compliance with workplace relations laws under regulation 5.19(3)(h).

In its reasoning, the Tribunal found that the application was made in the approved form, with the prescribed fee and required certification, and correctly identified the nominee and occupation. It was satisfied, based on departmental records and evidence provided by Mr Khan, that the nominator was the relevant standard business sponsor, actively and lawfully operating a business in Australia. The Tribunal also found no adverse information known to Immigration and a satisfactory record of compliance with workplace relations laws. Applying these findings to regulation 5.19(3), the Tribunal concluded that all requirements for approval of the nomination were met.

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