Pillingers Hiring Service Pty Ltd (Migration)

This matter concerned an application by Pillingers Hiring Service Pty Ltd for approval of a nomination under the Temporary Residence Transition stream of the Migration Regulations 1994. The dispute arose from the delegate's decision to refuse the nomination, which the applicant sought to have reviewed by the Tribunal. The core of the disagreement centred on whether the nominee had been employed in the nominated occupation for the required period.

The legal issue before the Tribunal was whether the nominee met the requirements of regulation 5.19(3) of the Migration Regulations 1994 for the Temporary Residence Transition nomination stream. Specifically, the Tribunal had to determine if the nominee had been employed full-time in Australia in the nominated occupation for at least two years within the three years immediately preceding the nomination application, as required by regulation 5.19(3)(c)(i).

The Tribunal considered the tasks performed by the nominee and compared them to the duties outlined in ANZSCO for the occupation of Conference and Event Organiser (149311). While the Tribunal was satisfied that the nominee had been employed by the applicant (or an associated entity) for the requisite period, it was not satisfied that this employment was exclusively in the nominated occupation. Consequently, the Tribunal affirmed the delegate's decision to refuse the nomination, finding that the applicant had not met the requirements of regulation 5.19(3).