THE TRUSTEE FOR BD & LPJ FAMILY TRUST (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an application for approval of a nomination for a position under the Temporary Residence Transition stream. The applicant was THE TRUSTEE FOR BD & LPJ FAMILY TRUST, and the dispute centred on whether the nomination met the requirements of regulation 5.19 of the Migration Regulations 1994. The Tribunal, presided over by Susan Reece Jones, considered the evidence presented by the applicant regarding its business operations and the nominee's employment history.

The primary legal issue before the Tribunal was to determine if the applicant satisfied all the criteria stipulated in regulation 5.19(3) for the approval of the nominated position. This involved assessing the compliance of the nomination application, the status of the nominator as an actively and lawfully operating business in Australia, and crucially, whether the nominee had met the employment and visa tenure requirements within the specified period. The Tribunal also had to consider the proposed terms and conditions of the nominee's future employment and the nominator's compliance with training and other obligations.

The Tribunal found that the nomination application was compliant and that the nominator was an actively and lawfully operating business in Australia, having provided evidence such as ASIC extracts, tax returns, financial statements, and lease agreements. It was satisfied that the nominator had not operated a business overseas in its most recent sponsorship approval. Furthermore, the Tribunal determined that the nominee had met the requirement of holding a Subclass 457 visa for at least two years and had been employed in the nominated occupation for at least two years, full-time and in Australia, within the three years preceding the application. The Tribunal also found that the proposed employment terms were satisfactory and that the nominator had met its obligations.

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