PUBLISHER TEXTILES PTY LTD (Migration)

This matter concerned an application by PUBLISHER TEXTILES PTY LTD (the nominator) for the approval of a nominated position under the Temporary Residence Transition stream. The decision under review, made by a delegate, had refused to approve the nomination. The Tribunal was required to determine whether the nominator met the requirements of regulation 5.19 of the Migration Regulations 1994 for the approval of the nominated position of Screen Printer.

The primary legal issue before the Tribunal was whether the nominator had satisfied the requirements of regulation 5.19(3)(c)(i) of the Migration Regulations 1994. Specifically, the Tribunal had to consider whether the nominee, Mr Pookhan, had held one or more Subclass 457 visas for a total period of at least two years and had been employed in the nominated position for a total period of at least two years (excluding unpaid leave) within the three years immediately preceding the nomination application, and whether this employment was full-time and undertaken in Australia.

The Tribunal found that the evidence, including payroll summaries, bank statements, and PAYG summaries, demonstrated that Mr Pookhan had been employed full-time as a Screen Printer by the nominator since July 2014, which was the grant date of his Subclass 457 visa. Furthermore, there was evidence of full-time employment in that capacity since July 2011. Consequently, the Tribunal was satisfied that Mr Pookhan met the criteria of having held a Subclass 457 visa and having been employed in the nominated position for at least two years within the relevant three-year period, and that the employment was full-time and conducted in Australia.

Based on these findings, the Tribunal concluded that the nominator had met the requirements of regulation 5.19(3)(c)(i). Accordingly, the Tribunal set aside the delegate's decision and substituted a decision approving the nomination.