Perth Corporate Cleaners Pty. Ltd. (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning the approval of a nominated position for Perth Corporate Cleaners Pty. Ltd. The dispute centred on whether the nominee, Krven Vicky Daby, met the requirements for the Temporary Residence Transition stream of an Employer Nomination Scheme visa. The applicant sought to have the previous refusal to approve the nomination set aside.

The primary legal issue before the Tribunal was to determine if the nominated position and the identified person, Krven Vicky Daby, satisfied the general requirements under regulation 5.19(4) and the specific requirements for the Temporary Residence Transition stream under regulation 5.19(5) of the Migration Regulations 1994. This included assessing whether the nominee had held the requisite visas for the specified periods and whether the employment arrangements met the criteria for genuine need and capacity of the employer.

The Tribunal considered evidence including the company's registration, the nominee's visa history, employment contract, and English language proficiency. Crucially, the Tribunal examined the application of Migration (IMMI 18/052: Specified Persons and Periods of Time for Regulation 5.19) Instrument 2018, which allows for variations to the standard time periods for certain visa streams. The Tribunal accepted the submission that the nominee's period on a Bridging Visa A, following an application for a Subclass 482 visa, could be counted towards the required period of holding a relevant visa. This interpretation meant the nominee met the criterion of holding a qualifying visa for at least two years within the preceding three years.

Ultimately, the Tribunal was satisfied that Perth Corporate Cleaners Pty. Ltd. met the requirements of regulation 5.19 for the approval of the nomination. Consequently, the Tribunal set aside the decision under review and substituted a decision approving the nomination.