Suri Trading Pty Ltd (Migration)

This matter concerned an application by Suri Trading Pty Ltd for approval of a nomination under the Temporary Residence Transition stream. The dispute arose from the refusal of this nomination by the Department. The decision was reviewed by the Administrative Appeals Tribunal, presided over by Member Hugh Sanderson.

The Tribunal was required to determine whether Suri Trading Pty Ltd met all the requirements for approval of the nomination as set out in regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal had to assess if the application was compliant, if the nominator was an actively and lawfully operating business in Australia, and if the nominee had the requisite previous employment history in the nominated occupation. The Tribunal also considered whether the nominator had complied with its commitments regarding training benchmarks and other obligations.

In its reasoning, the Tribunal systematically addressed each subregulation of 5.19(3). It found that the application was made in the approved form, with the prescribed fee, and correctly identified the nominee, Donghyun Lee, and the occupation of Accountant (General) (ANZSCO 221111), noting that this matched the nominee's previous Subclass 457 visa occupation. The Tribunal was satisfied that Suri Trading Pty Ltd was actively and lawfully operating a business in Australia and met the criteria for a standard business sponsor. Furthermore, the Tribunal was satisfied that Mr. Lee met the employment requirements under regulation 5.19(3)(c). The Tribunal also found that the nominator had achieved the training benchmark and complied with its commitments.

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