Xtraordinary Sydney Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Xtraordinary Sydney Pty Ltd (the applicant) and a nomination for a visa. The core of the dispute revolved around whether the applicant met the criteria for a Temporary Residence Transition nomination under regulation 5.19(3) of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant had satisfied all the necessary conditions for the approval of the nomination. This involved assessing whether the applicant, as the nominator, met the requirements relating to their status as a standard business sponsor, their active and lawful operation of a business in Australia, and their compliance with training and sponsorship obligations. Furthermore, the Tribunal had to consider whether the nominated employee met the criteria regarding their previous Subclass 457 visa, their employment history, and the terms and conditions of their proposed employment.

In its reasoning, the Tribunal examined the extensive documentary evidence provided by the applicant, which included company extracts, financial statements, employment agreements, and evidence of the nominee's employment and visa history. The Tribunal applied the provisions of regulation 5.19(3), systematically assessing each sub-paragraph against the presented evidence. It was satisfied that the applicant had met the requirements concerning the nominee's previous Subclass 457 visa, the duration and nature of their employment, and the terms and conditions of the proposed employment, which were found to be no less favourable than those offered to Australian citizens or permanent residents. The Tribunal also found that the applicant had fulfilled their training obligations and that there was no adverse information that could not be disregarded.

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