S Randev & v D Randev (Migration)

This matter concerned an application by S Randev and D Randev (the applicants) for approval of a nominated position under the Temporary Residence Transition nomination stream. The decision under review had been made by the Department of Immigration. The Tribunal was required to consider whether the applicants 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 the applicants had satisfied all the requirements of regulation 5.19(3) for the approval of the nominated position. This involved assessing whether the application was made in the approved form, whether the nominator was a lawfully operating business, and whether the nominee met the criteria for the Temporary Residence Transition stream, including their previous visa status and employment history.

The Tribunal found that the application was made in the correct form and accompanied by the prescribed fee, and that the nominee, Navdeep Kumar, had previously held a Subclass 457 visa for the nominated occupation of Café or Restaurant Manager. The Tribunal was also satisfied that the applicants were the standard business sponsor who last identified the nominee for a Subclass 457 visa and that they had been actively and lawfully operating their restaurant business in the ACT since prior to 2013. Having considered the available information, including departmental files and submissions from the applicants, the Tribunal concluded that all the requirements of regulation 5.19(3) were met.

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