Stage & Dance Hire Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an application for approval of a nomination of a position under the Temporary Residence Transition stream. The applicant was Stage & Dance Hire Pty Ltd, and the decision under review had refused to approve the nomination.

The Tribunal was required to determine whether the applicant met the general requirements for approval of a nomination under regulation 5.19(4) of the Migration Regulations 1994, as well as the stream-specific requirements set out in regulation 5.19(5). Specifically, the Tribunal had to consider if the application was made in accordance with the prescribed form and requirements, if there was any adverse information known to Immigration about the nominator or associated persons, and if the identified person met the criteria for the Temporary Residence Transition stream, including genuine need for their employment and the terms of their proposed employment.

The Tribunal found that the application complied with the procedural requirements of regulation 5.19(2). While there was an allegation of adverse information concerning the applicant being associated with a former firm investigated by the Department, the Tribunal was satisfied, based on oral and written evidence, that it was reasonable to disregard this information. This was supported by the applicant's spokesperson's assertion of no financial linkages and the fact that the applicant had been approved for business sponsorship in 2020. The Tribunal was also satisfied that the applicant met the specific requirements for the Temporary Residence Transition stream, including the genuine need for the identified person's employment.

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