SM Business Group Pty Ltd ATF Mia Family Trust (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination under the Temporary Residence Transition stream. The applicant, SM Business Group Pty Ltd ATF Mia Family Trust, sought approval of a nomination for Mr Mohammad Abdullah Al Mamun, who held a Subclass 457 visa as a Bricklayer. The core dispute revolved around whether the applicant met the requirements for approving this nomination, specifically concerning the nominator's status and the nominee's employment.

The Tribunal was required to determine if the nomination application was compliant with Regulation 5.19(3)(a) of the Migration Regulations 1994, which includes requirements for the approved form, prescribed fee, and relevant certifications. Furthermore, the Tribunal had to assess whether the nominator, SM Business Group Pty Ltd ATF Mia Family Trust, was actively and lawfully operating a business in Australia, as stipulated by Regulation 5.19(3)(b). The Tribunal also considered the nominee's employment history and the nature of the nominated position to ensure compliance with the criteria for the Temporary Residence Transition stream.

In its reasoning, the Tribunal found that the application met the formal requirements of Regulation 5.19(3)(a), including the correct form, fee, and certification. Crucially, the Tribunal was satisfied, based on extensive documentary evidence including ASIC reports, trust deeds, financial statements, tax returns, and ATO activity statements, that the nominator was actively and lawfully operating a business in Australia, fulfilling the conditions of Regulation 5.19(3)(b)(ii). The Tribunal also confirmed that the nominee's occupation and visa history aligned with the requirements of the nomination stream.

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