Skilled Carpenters Services Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a decision concerning Skilled Carpenters Services Pty Ltd's nomination for a Temporary Residence Transition stream visa. The core of the dispute revolved around whether the company met the regulatory requirements for approving the nomination of a carpenter position.

The Tribunal was tasked with determining 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 whether the application was made in the correct form, whether there was any adverse information known to Immigration about the nominator or associated persons, and whether the nominated occupation and the identified person met the stream-specific criteria.

The Tribunal found that the application complied with the procedural requirements of regulation 5.19(2), including the use of the approved form, identification of the position, person, and occupation, and the provision of the required certification and financial information. Furthermore, the Tribunal was satisfied that there was no adverse information known to Immigration concerning the nominator or any associated person, as defined by regulations 1.13A and 1.13B. The Tribunal also considered the specific requirements for the Temporary Residence Transition stream, including the identified person's visa history and employment in the nominated occupation, and concluded that these were met.

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