Studynet Pty Ltd (Migration)

This matter concerned an application by Studynet Pty Ltd for approval of a nomination under the Temporary Residence Transition stream of the Employer Nomination Scheme (visa subclass 186). The nomination was made in favour of Mr Mohammed Hossain for the position of Customer Service Manager. The applicant sought review of a decision that had not approved the nomination.

The court was required to determine whether the applicant had met all the requirements for approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994. Specifically, the court considered whether the application was compliant, whether the nominator met the criteria for a standard business sponsor, and whether the nominee's previous employment satisfied the conditions of the relevant visa stream. The court also examined whether the terms and conditions of employment were no less favourable than those offered to Australian citizens or permanent residents for equivalent work, and whether there was any adverse information concerning the nominator or associated persons.

The court found that the application was compliant with regulation 5.19(3)(a), as it was made in the approved form, included the prescribed fee, and contained the required written certification. It was also satisfied that Studynet Pty Ltd met the requirements of regulation 5.19(3)(b) as an actively and lawfully operating business in Australia, and that its most recent sponsorship approval was not based on specific excluded criteria. The court's reasoning focused on the detailed assessment of each subregulation of 5.19(3), concluding that the applicant had satisfied the necessary conditions for the nomination to be approved.

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