SJ Infinity Pty Ltd (Migration)

This matter concerned an application by SJ Infinity Pty Ltd for approval of a nomination under the Temporary Residence Transition stream. The applicant sought to nominate Ms Xiaowan Sun for the position of Massage Therapist. The core of the dispute revolved around whether the applicant met the requirements of Regulation 5.19(3) of the Migration Regulations 1994, particularly concerning the financial capacity of the nominator to pay the nominated salary for at least two years. The decision was made by the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant had satisfied all the criteria stipulated in Regulation 5.19(3) for the approval of the nomination. This included assessing whether the application was made in the approved form, whether the nominee held the requisite Subclass 457 visa, and whether the nominated occupation aligned with the nominee's current role and had the same 4-digit ANZSCO unit group code. Crucially, the Tribunal also had to consider the nominator's status as an actively and lawfully operating business in Australia and whether the nominee would be employed full-time in the nominated position for at least two years under terms and conditions no less favourable than those provided to Australian citizens or permanent residents.

The Tribunal found that the applicant had met the requirements of Regulation 5.19(3)(a) concerning the application form, fee, nominee's visa status, and occupation identification. It was satisfied that the nominee was performing the role of a Massage Therapist, ANZSCO 411611, and that this occupation shared the same 4-digit unit group code as her previous Subclass 457 visa occupation. The Tribunal also confirmed that the nominator was an actively and lawfully operating business. Based on these findings, the Tribunal concluded that the applicant had satisfied all the necessary requirements for the approval of the nomination.

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