Raktacino Holdings Pty Ltd (Migration)

This matter concerned an application by Raktacino Holdings Pty Ltd for approval of a nomination of a position under the Temporary Residence Transition stream. The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(3) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether Raktacino Holdings Pty Ltd satisfied all the criteria stipulated in regulation 5.19(3) for the approval of the nominated position. This involved assessing various aspects of the applicant company, the nominated employee's visa status, employment history, and the nominator's compliance with sponsorship obligations, including training requirements. The Tribunal also considered the impact of a request for updated business information and the applicant's response to that request.

The Tribunal found that while the applicant's representative had initially misread the deadline for providing updated business information, leading to a late response, the applicant had subsequently provided a substantial volume of material. Crucially, the Tribunal noted that the sponsorship obligation to provide training no longer applied to the applicant in the same way it might have previously, given the timing of events and the specific provisions of the regulations. The Tribunal was satisfied that, based on the evidence provided, Raktacino Holdings Pty Ltd met the requirements of regulation 5.19 for the approval of the nomination.

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