RADIO SYSTEMS AUSTRALIA PTY LTD (Migration)

This matter concerned an application by Radio Systems Australia Pty Ltd for approval of a nominated position under the Temporary Residence Transition nomination stream. The applicant company sought to nominate Mariana Goncalves Camacho for the position of Management Accountant. The core of the dispute revolved around whether the company met all the requirements stipulated in regulation 5.19(3) of the Migration Regulations 1994 for the approval of such a nomination. The decision was made by De-Anne Kelly, a member of the Tribunal.

The legal issues before the Tribunal were whether the application for approval of the nominated position was made in the approved form, accompanied by the prescribed fee, and included the required written certification regarding conduct contravening section 245AR(1) of the Migration Act 1958. Furthermore, the Tribunal had to determine if the application identified a person holding a Subclass 457 visa granted on a specific basis, an occupation listed in ANZSCO with the same 4-digit code as the occupation carried out by the visa holder, and a genuine need for the nominator to employ the person as a paid employee under its direct control.

The Tribunal's reasoning focused on assessing each requirement of regulation 5.19(3). It found that the application was made on the approved form, accompanied by the prescribed fee, and included the necessary certification. The Tribunal was satisfied that the nominated person, Ms Camacho, held a Subclass 457 visa granted on the relevant basis, and that the nominated occupation of Management Accountant (ANZSCO 221112) met the criteria regarding its listing in ANZSCO and its 4-digit code alignment with the visa holder's occupation. Crucially, the Tribunal found that there was a genuine need for Radio Systems Australia Pty Ltd to employ Ms Camacho as a paid employee under its direct control.

Based on its findings that all the requirements of regulation 5.19 were met, the Tribunal set aside the original decision under review and substituted a decision approving the nomination.