Positive Real Estate Pty Ltd (Migration)

This matter concerned an application by Positive Real Estate Pty Ltd for approval of a nomination under the Temporary Residence Transition stream. The applicant sought to nominate Ms Maria Del Pilar Suescun Bahamon for the position of Marketing Specialist. The Tribunal was required to determine whether the applicant met all 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 met the criteria for a standard business sponsor, and whether the nominated person and position satisfied the relevant employment and training requirements. Specifically, the Tribunal had to assess if the application was in the approved form, if the nominator was actively and lawfully operating a business in Australia, and if the nominator had fulfilled its training commitments.

The Tribunal found that the application was made in the approved form and accompanied by the prescribed fee. It was satisfied that the nominator was a standard business sponsor actively and lawfully operating in Australia and had not met certain criteria relating to overseas business operations in its most recent sponsorship approval. Furthermore, the Tribunal was satisfied that the nominated person, Ms Bahamon, held a relevant Subclass 457 visa and had been employed in the nominated occupation. The Tribunal also considered the nominator's training commitments and obligations, finding that they had been fulfilled.

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