Trios Pty. Ltd. (Migration)

This matter concerned an application by Trios Pty. Ltd. for the approval of a nominated position under the Temporary Residence Transition nomination stream. The dispute arose from a decision that had been made by a delegate of the Minister, which the applicant sought to have reviewed. The review was conducted by Cathrine Burnett-Wake, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for the approval of the nomination as set out in regulation 5.19(3) of the Migration Regulations 1994. This involved determining if the application was compliant, if the nominator was an actively and lawfully operating business, and if the nominee met the criteria relating to their visa status and occupation. The Tribunal also considered the nominee's employment history and the terms and conditions of their proposed employment.

The Tribunal's reasoning focused on assessing each limb of regulation 5.19(3) against the evidence presented. It was satisfied that the application form was correct, the prescribed fee was paid, and the nominee, Jay Kumar KC, held a relevant Subclass 457 visa and was nominated for an occupation with the same 4-digit ANZSCO code. The Tribunal found that the nominator, operating as the Time Out café and restaurant, was actively and lawfully operating a business in Australia and had been for 15.5 years. Crucially, the Tribunal noted that a significant amount of supporting documentation, including pay slips and an accountant's letter, which were not available to the original delegate, were now before it and satisfied the remaining requirements of the regulation.

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