Rionlon Pty Ltd (Migration)

This matter concerned an application by Rionlon Pty Ltd for approval of a nominated position under the Temporary Residence Transition stream. The dispute arose from a decision that had been made regarding this nomination. The case was heard by Amanda Ducrou, acting as a member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for the approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994. This involved assessing whether the application was compliant, the status of the nominator as an actively and lawfully operating business in Australia, and whether the nominee met the criteria for holding a Subclass 457 visa and had been employed in the nominated occupation for the requisite period.

The Tribunal found that the application was made in the approved form, accompanied by the prescribed fee, and included the necessary certification regarding conduct contravening s.245AR(1). It was satisfied that the nominee, Ms Lixuan Hu, held a Subclass 457 visa and that the nominated occupation of Advertising Specialist (ANZSCO 225111) was the same as that for which she held her visa, sharing the same 4-digit occupation unit group code. Furthermore, the Tribunal was satisfied, based on the provided documentation including company extracts, financial statements, tax returns, and payroll information, that Rionlon Pty Ltd was actively and lawfully operating a business in Australia and met the other criteria relating to its status as a standard business sponsor.

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