Sprittz Pty Ltd ATF Royal Unit Trust (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning the approval of a nomination for a position as a Cook under the Temporary Residence Transition stream. The applicant, Sprittz Pty Ltd ATF Royal Unit Trust, sought to have a nomination approved, which had been refused by the delegate.

The primary legal issue before the Tribunal was whether the applicant met all the requirements stipulated in subregulation 5.19(3) of the Migration Regulations 1994 for the approval of the nomination. This involved assessing compliance with various criteria relating to the application itself, the status of the nominator, the nominee's previous employment history, the proposed terms and conditions of employment, and the nominator's training commitments and compliance with workplace relations laws.

The Tribunal considered the evidence in relation to each subregulation of 5.19(3). It found that the application was compliant, the nominator met the criteria for being an active and lawfully operating business, and the nominee had a sufficient history of employment in the nominated occupation. Crucially, the Tribunal determined that the nominator had fulfilled its training obligations and demonstrated a satisfactory record of compliance with workplace relations laws. The Tribunal also found that there was a genuine need for the nominator to employ the person in the position under its direct control.

Consequently, the Tribunal set aside the delegate's decision and substituted a decision approving the nomination.