Zahid Ali (Migration)

This matter concerned an application for approval of a sponsorship nomination under the Temporary Residence Transition stream, brought before the Tribunal by Mr Zahid Ali. The dispute centred on whether Mr Ali, as the nominator, met the requirements of Regulation 5.19 of the Migration Regulations 1994 for the approval of the nominated occupation. The Tribunal, presided over by Member Katie Malyon, had access to significantly more information than was available to the original decision-maker.

The primary legal issue before the Tribunal was to determine if the applicant, Mr Ali, satisfied all the requirements stipulated in Regulation 5.19 for the approval of the nomination. This involved assessing whether the application was compliant, the status of the nominator, the satisfactory compliance with workplace relations laws, and the absence of adverse information known to Immigration. Each of these elements was a prerequisite for the nomination to be approved.

The Tribunal found that the application was made in the approved form, accompanied by the prescribed fee, and included the necessary certification. It was also satisfied that the nominated occupation, Cafe or Restaurant Manager (ANZSCO 141111), was listed in ANZSCO and shared the same 4-digit unit group as the occupation held by the Subclass 457 visa holder. Furthermore, the Tribunal was satisfied, based on extensive documentary evidence including tax returns, financial statements, and PAYG payment summaries, that Mr Ali was actively and lawfully operating his business, Zahid Restaurant, as a sole trader in Australia. No adverse information was known to Immigration concerning Mr Ali or associated persons, and he demonstrated a satisfactory record of compliance with workplace relations laws.

Consequently, the Tribunal concluded that Mr Ali met all the requirements of Regulation 5.19. The decision under review was set aside, and a substituted decision approving the nomination was made.