Renesav Pty Ltd (Migration)

This matter concerned an application by Renesav Pty Ltd for approval of a nomination for a position as a transport company manager. The dispute arose from a decision under review regarding the applicant's eligibility for approval under the Temporary Residence Transition nomination stream, as set out in regulation 5.19(3) of the Migration Regulations 1994. The case was heard by Hugh Sanderson, a member of the Tribunal.

The Tribunal was required to determine whether Renesav Pty Ltd met all the requirements for approval of the nomination. Specifically, the Tribunal considered whether the application was compliant, including its form, fee, and the identification of the nominee and occupation. It also examined the status of the nominator, ensuring it was actively and lawfully operating a business in Australia and had not met certain exclusionary criteria in its most recent sponsorship approval. Finally, the Tribunal assessed the previous employment of the nominee, determining if they had been employed full-time in Australia in the nominated position for at least two of the three years preceding the nomination application.

In its reasoning, the Tribunal found that the application was made in the approved form, accompanied by the prescribed fee, and correctly identified the nominee and the occupation of transport company manager, which shared the same four-digit ANZSCO code as the nominee's previous Subclass 457 visa occupation. The Tribunal was satisfied, based on provided documentation including company extracts, tax returns, and Business Activity Statements, that Renesav Pty Ltd was actively and lawfully operating a business in Australia and met the criteria for the nominator. Furthermore, the Tribunal was satisfied that the nominee had met the employment requirements under regulation 5.19(3)(c).

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