WHITES DENTAL LABORATORIES PTY LTD (Migration)

This matter concerned an application by Whites Dental Laboratories Pty Ltd for approval of a nomination for a position. The dispute arose when the Department of Immigration, Citizenship and Multicultural Affairs refused to approve the nomination. The applicant sought review of this decision before the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination under the Temporary Residence Transition stream, as set out in regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal considered whether the nomination application was compliant, whether the nominator was an actively and lawfully operating business in Australia, and whether the nominee had the requisite previous employment in Australia. The Tribunal also examined whether there was a genuine need for the nominator to employ the nominee, whether there was any adverse information known to Immigration, and whether the nominator had a satisfactory record of compliance with workplace relations laws.

The Tribunal found that the nomination application was compliant and that Whites Dental Laboratories Pty Ltd was an actively and lawfully operating business in Australia. It was satisfied that the nominee had been employed in the nominated position for a sufficient period to meet the requirements of regulation 5.19(3)(c). Furthermore, the Tribunal accepted the evidence provided by the nominator, including a letter from its managing director, which demonstrated a genuine need for the nominee's continued employment and her integral role in the business's operations. The Tribunal also found no adverse information known to Immigration and a satisfactory record of compliance with workplace relations laws.

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