Rivertree Land & Cattle Company Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered a nomination approval dispute involving Rivertree Land & Cattle Company Pty Ltd. The core of the disagreement concerned whether the nominator met the requirements for approving a nomination under the Temporary Residence Transition stream for the position of Guest House Manager. The applicant sought to have a prior decision, which had refused to approve the nomination, set aside.

The Tribunal was required to determine if the applicant satisfied the general requirements for nomination approval under regulation 5.19(4) and the specific requirements for the Temporary Residence Transition stream under regulation 5.19(5) of the Migration Regulations 1994. This involved assessing various criteria, including the application's compliance with procedural rules, the nominator's financial capacity, compliance with employment laws, and the visa status and employment history of the nominated individual.

The Tribunal found that the nominator, operating an Agritourism business, met the relevant regulatory requirements. Specifically, it was satisfied that there was no adverse information known to Immigration about the nominator, that no mandatory licensing was required for the nominated occupation, and that the nominator had a satisfactory record of compliance with employment laws. Furthermore, the Tribunal confirmed that the nominated individual held the requisite visa and had met the employment duration requirements for the Temporary Residence Transition stream.

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