P R Henderson & J A Johnson (Migration)

The Administrative Appeals Tribunal (AAT) considered a review of a decision concerning the approval of a nomination under the Temporary Residence Transition stream. The parties involved were P R Henderson & J A Johnson (the nominators) and the Department of Home Affairs (implied). The dispute centred on whether the nomination for the occupation of Cook met the requirements of the Migration Regulations 1994.

The primary legal issue before the Tribunal was to determine whether the nominator satisfied all the criteria stipulated in regulation 5.19(3) of the Migration Regulations 1994 for the approval of a nomination under the Temporary Residence Transition stream. This involved assessing compliance with application requirements, the status and operation of the nominator as a business sponsor, the employment history and conditions of the nominee, and the nominator's training obligations.

The Tribunal's reasoning focused on a detailed examination of each subregulation of 5.19(3). It found that the application was compliant, the nominator was actively and lawfully operating a business in Australia, and had met the criteria regarding overseas business operations. Crucially, the Tribunal was satisfied that the nominee had held the relevant visa and been employed in the nominated occupation for the required periods, and that the terms and conditions of employment were appropriate. The Tribunal also considered the training requirements, noting that it was reasonable to disregard these in the circumstances presented.

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