Ozzy Fortune Group Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination made by Ozzy Fortune Group Pty Ltd under the Temporary Residence Transition stream. The dispute centred on whether the applicant, as the nominator, met the requirements for approving the nomination, specifically concerning their financial capacity to employ the nominee, Mr Palwinder Singh, full-time for two years in the occupation of Program or Project Administrator (ANZSCO 511112).

The Tribunal was required to determine if the nomination application complied with the various requirements stipulated in regulation 5.19(3) of the Migration Regulations 1994. This included assessing whether the application was in the approved form, the prescribed fee was paid, the relevant person and occupation were identified, the nominator was actively and lawfully operating a business in Australia, and if there was any adverse information known to Immigration about the nominator. Crucially, the Tribunal had to consider the nominator's financial capacity to employ the nominee full-time for at least two years, as well as their satisfactory record of compliance with workplace relations laws.

The Tribunal found that the application met the formal requirements of regulation 5.19(3)(a) and that the nominator was actively and lawfully operating a business in Australia, satisfying regulation 5.19(3)(b). It also considered evidence regarding the nominee's previous employment and the nominator's financial capacity, concluding that the requirements of regulation 5.19(3)(d) were met. Furthermore, the Tribunal examined information concerning potential breaches of consumer law, but based on evidence of a settlement agreement and the absence of adverse findings, it determined that regulation 5.19(3)(g) was satisfied. The Tribunal also found that the nominator had a satisfactory record of compliance with workplace relations laws, fulfilling regulation 5.19(3)(h).

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