TRAZMET (SYDNEY) PTY LTD (Migration)

This matter concerned an appeal by Trazmet (Sydney) Pty Ltd regarding the approval of a nomination under the Temporary Residence Transition nomination stream. The core of the dispute revolved around whether the applicant, Mr. Giulio Russo, met the requirements for full-time employment in the nominated position as a Carpenter and Joiner for the requisite period, particularly in light of the nomination being transferred to a new company, Trazmet (Sydney) Pty Ltd, which was related to the original nominator. The decision was made by Rania Skaros, a Member of the Tribunal.

The Tribunal was required to determine whether the applicant met all the criteria stipulated in regulation 5.19(3) of the Migration Regulations 1994 for the approval of the nomination. Specifically, the Tribunal had to assess if the application was compliant, if the nominator was a standard business sponsor actively and lawfully operating a business in Australia, and if the visa applicant had been employed full-time in the nominated occupation for the required duration. The Tribunal also considered the status of the nominator as the standard business sponsor who last identified the visa holder in a nomination.

In its reasoning, the Tribunal found that the application was made in the approved form and accompanied by the prescribed fee, and that the relevant certifications were included. It was satisfied that Trazmet (Sydney) Pty Ltd was the standard business sponsor who last identified Mr. Russo in a nomination and that the company was actively and lawfully operating in Australia, supported by various business documents. The Tribunal also considered the transfer of employment from Trazmet Forwork Pty Ltd to Trazmet (Sydney) Pty Ltd, noting the provision of a contract of employment and departmental records indicating the approval of a nomination by Trazmet (Sydney) Pty Ltd. The Tribunal concluded that the applicant met the requirements of regulation 5.19(3).

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