1508732 (Migration)

This matter concerned an application to approve a nomination for a Subclass 457 visa. The applicant company, Citysight Cleaning Services Pty Ltd, sought to nominate an individual for the occupation of Customer Services Manager. The tribunal was required to determine whether the applicant met the criteria for approval of the nomination as prescribed by the Migration Regulations 1994.

The legal issues before the tribunal were whether the applicant company had complied with the prescribed nomination process, whether it was a standard business sponsor or party to a work agreement, and whether the nominee was correctly identified. Further, the tribunal had to consider specific requirements relating to existing Subclass 457 visa holders, the absence of adverse information, the specified occupation and its corresponding ANZSCO code, and the terms and conditions of employment for the nominee. The tribunal also examined whether the nominated occupation and its tasks, qualifications, and experience were commensurate with the specified requirements.

The tribunal found that the applicant company had made the nomination in accordance with the approved form and paid the prescribed fee, identifying the proposed worker, occupation, and location. It was satisfied that the applicant was a standard business sponsor whose status remained in effect. The tribunal also confirmed that the nominee, a Subclass 457 visa applicant, was correctly identified. Crucially, the tribunal found no adverse information known to Immigration about the applicant or associated persons. The nominated occupation and its ANZSCO code were found to correspond to the relevant list, and the instrument did not require support from a specified organisation. The tribunal concluded that the applicant met all applicable criteria for the nomination to be approved.

Consequently, the tribunal set aside the decision not to approve the nomination and substituted a decision approving the nomination.