ON KEE DRY SEAFOOD PTY LTD (Migration)

The Administrative Appeals Tribunal considered a dispute concerning the approval of a nomination under the Temporary Residence Transition stream. The nominator, On Hing Dry Seafood Pty Ltd, a wholesaler of dry and frozen seafood products, sought approval for the nominated position of Marketing Manager. The nominee, Ms Shulin Tan, had previously been sponsored by the company for a Subclass 457 visa as a Marketing Specialist.

The primary legal issue before the Tribunal was whether the nominator met all the requirements for approval of the nomination as set out in regulation 5.19(3) of the Migration Regulations. This involved assessing whether the application was compliant, whether the nominated occupation was genuine, whether the nominator had a satisfactory record of compliance with workplace relations laws, and whether there was any adverse information known to Immigration concerning the nominator or associated persons.

The Tribunal reasoned that the application was compliant, having been made in the approved form with the prescribed fee and including the necessary certifications. It found that the nominated position of Marketing Manager, with a Marketing Assistant reporting to it, was consistent with the business's structure and operations, thereby satisfying the genuineness requirement. The Tribunal also determined that there was no adverse information known to Immigration and that the nominator had a satisfactory record of compliance with workplace relations laws. Consequently, the Tribunal was satisfied that the nominator met the requirements of regulation 5.19.

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