Ostastand Pty Ltd (Migration)

This matter concerned an application for approval of a nomination under the Temporary Residence Transition stream of the Subclass 457 visa program. The applicant, Ostastand Pty Ltd, sought approval of its nomination for Mr Noman Zidan Irsheid Mansi, who held a Subclass 457 visa as a Farm Manager (Vegetable Grower). The Tribunal was required to determine whether Ostastand Pty Ltd met the requirements for approval of the nomination as set out in regulation 5.19(3) of the Migration Regulations 1994.

The primary legal issues before the Tribunal were whether the application was compliant, whether the nominator was actively and lawfully operating a business in Australia, and whether the nominator had met its training benchmark obligations. Specifically, the Tribunal had to assess if the application was in the approved form, accompanied by the prescribed fee, and identified a relevant person and occupation with the correct ANZSCO code. It also needed to consider if Ostastand Pty Ltd was the standard business sponsor who last identified Mr Mansi, was operating a business in Australia, and had fulfilled its training commitments.

The Tribunal found that the application was made in the approved form and with the prescribed fee, and that Mr Mansi's occupation as a Farm Manager (Vegetable Grower) matched the occupation for which he held his Subclass 457 visa. Evidence was presented demonstrating that Ostastand Pty Ltd was actively and lawfully operating a vegetable farm, including lease payments, sales invoices, utility bills, and photographs of the produce. The Tribunal was satisfied that Ostastand Pty Ltd met the requirements of regulation 5.19(3) for the approval of the nomination.

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