Vicseg New Futures (Migration)

This matter concerned an application by Vicseg New Futures (Migration) for approval of a nomination under the Temporary Residence Transition stream of the Migration Regulations 1994. The dispute arose from a decision to refuse the nomination, which Vicseg New Futures sought to have reviewed. The case was heard by Amanda Mendes Da Costa, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether Vicseg New Futures met all the requirements for approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994. This involved determining compliance with various criteria, including the form and content of the application, the status of the nominator as an actively and lawfully operating business, and whether the nominated employee met the employment duration and visa requirements. The Tribunal also had to consider whether the employment terms and conditions were no less favourable than those provided to Australian citizens or permanent residents in equivalent positions.

The Tribunal's reasoning focused on assessing each requirement of regulation 5.19(3) against the evidence presented. It found that the application was made in the approved form, accompanied by the prescribed fee, and correctly identified the nominee and the occupation of Community Worker. The Tribunal was satisfied that Vicseg New Futures was an established community organisation actively and lawfully operating in Australia, and that the nominee had held the relevant visa and been employed in the nominated occupation for the required period. Furthermore, the Tribunal concluded that the employment terms and conditions offered to the nominee were no less favourable than those for an Australian worker in an equivalent role.

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