Sarasawati Sapkota (Migration)

This matter concerned an application for approval of a nomination under the Temporary Residence Transition stream, brought before the Tribunal by Saraswati Sapkota. The core dispute revolved around whether the applicant met the specific requirements for this nomination stream as stipulated in regulation 5.19(3) of the Migration Regulations 1994.

The Tribunal was required to determine if all the criteria outlined in regulation 5.19(3) for the approval of a nomination under the Temporary Residence Transition stream had been satisfied. This involved assessing various aspects, including the compliance of the application, the status of the nominator, the previous employment history of the nominee, future employment arrangements, the terms and conditions of employment, training commitments, the absence of adverse information known to Immigration, and the nominator's record of compliance with workplace relations laws.

In reaching its decision, the Tribunal systematically reviewed each of the requirements under regulation 5.19(3). It adopted findings from a previous, related case (case number 1703832) to address the various criteria, including application compliance, nominator status, previous employment, future employment, terms and conditions, training obligations, adverse information, and workplace relations compliance. Having found that all the requirements of regulation 5.19 were met, the Tribunal set aside the original decision under review. The Tribunal then substituted a new decision, approving the nomination.