Stephanie's Management Services Pty Ltd ATF Shepherd Management Trust (Migration)

This matter concerned an application by Stephanie's Management Services Pty Ltd ATF Shepherd Management Trust for approval of a nomination of a position under the Temporary Residence Transition stream. The applicant sought to have the decision of the delegate, which refused to approve the nomination, set aside. The case was heard by Terrence Baxter.

The primary legal issue before the Tribunal was whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(3) of the Migration Regulations 1994. This involved determining whether the applicant had the financial capacity to employ the nominee for at least two years, whether there was a genuine need to employ the nominee, and whether the applicant had a satisfactory record of compliance with workplace relations laws. The Tribunal also considered whether there was any adverse information known to the Department concerning the nominator or associated persons.

The Tribunal found that the applicant had provided sufficient documentary and oral evidence to satisfy the requirements of regulation 5.19(3). This included financial reports, tax returns, activity statements, and evidence of ongoing employment and training expenditure, demonstrating the applicant's financial capacity and the genuine need for the nominee's role within the group of related entities. The Tribunal was satisfied that there was no adverse information known to the Department and that the applicant had a satisfactory record of compliance with workplace relations laws. The Tribunal also accepted that the nominee's role was integral to the operations of the various spas within the group, despite the applicant primarily providing payroll services.

Consequently, the Tribunal decided to set aside the delegate's decision and substitute a new decision approving the nomination.