TAYRONA CONSULTING PTY LTD (Migration)

The Administrative Appeals Tribunal considered a decision concerning a nomination application made by Tayrona Consulting Pty Ltd. The dispute centred on whether the applicant met the requirements for approval of the nomination under the Temporary Residence Transition (TRT) stream, as stipulated by regulation 5.19(3) of the Migration Regulations 1994.

The Tribunal was required to determine if the nomination application was compliant, if the nominator met the criteria for being an actively and lawfully operating business in Australia, and if the nominee had fulfilled the previous employment requirements. Specifically, the Tribunal had to assess whether the nominee had been employed full-time in the nominated position for at least two out of the three years preceding the nomination application, or if they held a Subclass 457 visa based on a nomination and had been employed in that occupation for the requisite period.

The Tribunal found that the nomination application was in the approved form, accompanied by the prescribed fee, and identified a relevant person and occupation, thus satisfying regulation 5.19(3)(a). Regarding the nominator's status under regulation 5.19(3)(b), the Tribunal was satisfied that Tayrona Consulting Pty Ltd was the standard business sponsor who last identified the nominee, had been approved as a sponsor, and did not meet certain criteria relating to overseas business operations in its most recent approval. Evidence of current ASIC and ABN registration, along with financial and BAS statements, demonstrated that the company was actively and lawfully operating a business in Australia. Finally, concerning the nominee's previous employment under regulation 5.19(3)(c), the Tribunal was satisfied that the nominee had worked for the applicant in the nominated position for approximately 2.3 years prior to the nomination application, fulfilling the employment duration requirement.

Consequently, the Tribunal decided to set aside the original decision and substitute it with a decision approving the nomination.