The Trustee for the Fandi Family Business Trust (Migration)

This matter concerned an application by The Trustee for the Fandi Family Business Trust for approval of a nomination under the Temporary Residence Transition stream. The applicant sought to have the decision under review, which had refused to approve the nomination, set aside. The Tribunal was required to determine whether the applicant met all the requirements for approval of the nomination as set out in regulation 5.19(3) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria under regulation 5.19(3) for the approval of the nomination. This involved assessing the compliance of the application itself, the status of the nominator as an actively and lawfully operating business sponsor, and the previous employment history of the nominee. The Tribunal considered whether the application was made in the approved form, accompanied by the prescribed fee, and correctly identified the nominee and occupation. It also examined whether the nominator was the relevant standard business sponsor and was actively and lawfully operating a business in Australia, and whether certain criteria relating to overseas business operations were not met.

The Tribunal found that the application was compliant with regulation 5.19(3)(a), having been made in the approved form, with the prescribed fee, and correctly identifying the nominee and her occupation. It was also satisfied that the nominator was actively and lawfully operating a business in Australia, based on documentary evidence including registration documents, financial statements, and business activity statements. The Tribunal concluded that the applicant met the requirements of regulation 5.19 for the approval of the nomination. Consequently, the Tribunal set aside the decision under review and substituted a decision approving the nomination.