Wentworth Metals Group Pty Ltd (Migration)

This matter concerned an application by Wentworth Metals Group Pty Ltd for approval of a nomination under the Temporary Residence Transition stream. The decision under review had refused this nomination. The Tribunal was required to determine 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 primary legal issue before the Tribunal was whether the visa applicant had been employed full-time for at least two years in the three years immediately preceding the application, as required by regulation 5.19(3)(c)(i)(A)(II). The Tribunal also considered the applicant's explanations regarding training obligations and the reasons for delays in addressing these.

The Tribunal considered evidence provided by the director of the applicant company and the visa applicant, including financial documents, company searches, and site surveys. The director testified that the visa applicant had worked for the company for approximately five years. The Tribunal also issued a section 359A notice requesting further documentation, which was subsequently provided and considered. Based on the evidence presented, including the director's testimony and the visa applicant's credible account of their work, the Tribunal was satisfied that the requirements of regulation 5.19 had been met.

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