Oakstar Holdings Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a dispute between Oakstar Holdings Pty Ltd and the Department of Home Affairs concerning the nomination of a position under the Temporary Residence Transition stream. The applicant sought approval for the nomination of Ms Jatinder Kaur as a Café or Restaurant Manager, a role aligned with her existing Subclass 457 visa. The Tribunal was tasked with determining whether the nomination met the requirements stipulated in regulation 5.19 of the Migration Regulations 1994.

The primary legal issues before the Tribunal were whether the application for approval was compliant, whether the nominator met the criteria of being an actively and lawfully operating business and a standard business sponsor, and crucially, whether the nominee had the requisite previous employment history in the nominated occupation. The Tribunal also had to consider the financial capacity of the nominator to employ the nominee for at least two years, the terms and conditions of employment, and any training obligations of the nominator.

The Tribunal found that the application was made in the approved form, accompanied by the prescribed fee, and correctly identified the nominee and the occupation. It was satisfied that the nominator was the relevant standard business sponsor, actively and lawfully operating a business in Australia, and had not met certain exclusionary criteria in its most recent sponsorship approval. Furthermore, the Tribunal was satisfied that the nominee had met the previous employment requirements, having held a Subclass 457 visa and been employed in the nominated position for at least two years within the three years preceding the application. The Tribunal concluded that all requirements of regulation 5.19 were met.

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