Z Industries Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a nomination application made by Z Industries Pty Ltd under the Temporary Residence Transition stream. The dispute concerned whether Z Industries Pty Ltd met the requirements for approval of the nomination, which was a prerequisite for the nominee to obtain a visa. The Tribunal was presided over by Member Amanda Mendes Da Costa.

The primary legal issue before the Tribunal was to determine if Z Industries Pty Ltd satisfied all the criteria stipulated in regulation 5.19(3) of the Migration Regulations 1994 for the approval of a nomination under the Temporary Residence Transition stream. This involved assessing the compliance of the application itself, the status of the nominator as a standard business sponsor, and the previous employment history of the nominee in the nominated occupation.

The Tribunal's reasoning focused on each limb of regulation 5.19(3). It found that the application was made in the approved form, accompanied by the prescribed fee, and correctly identified the nominee and occupation, thus satisfying subregulation (3)(a). Regarding subregulation (3)(b), the Tribunal was satisfied that Z Industries Pty Ltd was actively and lawfully operating a business in Australia and had not met certain exclusionary criteria in its most recent sponsorship approval. Crucially, the Tribunal found that the nominee had been employed full-time in Australia in the nominated position for at least two of the three years preceding the nomination application, fulfilling the requirements of subregulation (3)(c)(i).

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