Years of Hard Work, Finally Recognised

The Dream

A family run transport and logistics business in New South Wales had grown steadily over several years. What began with a small fleet expanded into a reliable operation servicing major clients in the transport sector. At the centre of the business was a Fleet Manager who had worked full time since 2019 under a subclass 482 visa. He played a key role in managing vehicles, drivers, and daily operations. After years of contribution, the business applied to nominate him for permanent residence through the Employer Nomination Scheme under the Temporary Residence Transition stream.

The Problem

The nomination was refused. The Department decided the business had not met training benchmark requirements during its most recent standard business sponsorship period. This decision overlooked the broader history of the business, its training expenditure and the nominee’s long-term full-time employment. The refusal placed the business at risk of losing a senior employee and placed the nominee’s future in Australia in doubt after years of lawful work.

The Solution

The matter was taken to the Tribunal. The appeal focused on evidence and compliance. Financial records, BAS statements, payroll history and training receipts were submitted. The business demonstrated steady growth, including significant expansion during the COVID period. Evidence showed training expenditure exceeded the required benchmark when assessed across the relevant sponsorship period. The business owner and the nominee both gave oral evidence, explaining the genuine nature of the role, the growth of the fleet and the ongoing need for the position.

The Victory

The Tribunal accepted the evidence. It found the business was actively and lawfully operating, had the financial capacity to employ the nominee full time for at least two more years and had satisfied the training requirements. The Tribunal set aside the refusal and substituted a decision approving the nomination.

Their Words

“We always believed the refusal did not reflect the reality of our business. The Tribunal process allowed us to show the full picture. This decision gave our business certainty and allowed us to move forward together.”

If you are in a similar situation, or know someone who may require professional assistance with a visa nomination, skills assessment, or Tribunal review matter, we encourage you to seek tailored advice.

You may contact Solve Migration for a confidential consultation:

Book a Consultation:
https://solvemigration.com/book-an-appointment/

Email:
ask@solvemigration.com

Our team can assess your circumstances, identify available pathways, and guide you through each stage of the process with clear and practical advice.