SA INDUSTRIAL SERVICES NSW PTY LTD ATF ELREP SERVICES TRUST (Migration)

The Administrative Appeals Tribunal considered a nomination application lodged by SA Industrial Services NSW Pty Ltd ATF ELREP Services Trust (the nominator) for a Customer Service Manager position for the visa applicant, Manjit SINGH. The dispute concerned whether the nominator met the requirements for approval of the nomination under the Temporary Residence Transition nomination stream as set out in regulation 5.19(3) of the Migration Regulations 1994.

The Tribunal was required to determine if the nominator satisfied all the criteria stipulated in regulation 5.19(3) for the approval of the nomination. Specifically, this involved assessing whether the nominator was the correct legal entity with standing to appear before the Tribunal, and whether the nominee met the employment and visa history requirements outlined in regulation 5.19(3)(c). The Tribunal also considered the broader requirements for the nominator, including operating a business lawfully and meeting employment terms and conditions.

The Tribunal found that although the nominator had been sold and its name changed, the continued existence of the legal entity and the ongoing employment of the nominee satisfied the standing requirement under regulation 4.02(5)(d). However, the Tribunal ultimately affirmed the decision to refuse the nomination, concluding that the applicant had not demonstrated satisfaction of the criteria under regulation 5.19(3). The Tribunal noted that the applicant had not sought to satisfy the criteria for the Direct Entry nomination stream, and therefore had not met the requirements of regulation 5.19(4).

Consequently, the Tribunal affirmed the decision under review to refuse the nomination.