V.H International Holding Pty Ltd (Migration)

This matter concerned an appeal by V.H International Holding Pty Ltd against a decision regarding the approval of a nominated position under the Temporary Residence Transition nomination stream. The core of the dispute revolved around whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(3) of the Migration Regulations 1994. The decision was made by Ian Berry, a Member of the Tribunal.

The Tribunal was required to determine whether the applicant satisfied all the criteria for the approval of the nominated position. Specifically, this involved assessing if the application was compliant, if the nominator was an actively and lawfully operating business in Australia, and if the nominee met the employment and visa duration requirements. The Tribunal also had to consider the terms and conditions of the nominee's employment and the nominator's compliance with training and workplace relations laws.

The Tribunal found that the application was made in the approved form, included the required certification, and identified the correct occupation. It was satisfied that the nominator was actively and lawfully operating a business in Australia, which involved processing lead from car batteries for sale. The Tribunal also found that the nominee had been employed in the nominated position full-time since September 2012 and held a Subclass 457 visa. Based on these findings, the Tribunal concluded that the applicant met the requirements of regulation 5.19.

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