1512514 (Migration)

This matter concerned an application for approval of a nomination for a Subclass 457 visa, where the applicant sought to nominate an individual for the occupation of Liaison Officer. 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 nomination complied with the prescribed process, whether the nominator was a standard business sponsor or party to a work agreement, and whether the nominee was correctly identified. Further issues included the provision of adequate information about the nominated occupation, the absence of adverse information, the correspondence of the nominated occupation with specified instruments, and crucially, whether the terms and conditions of employment for the nominee would be no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work at the same location.

The Tribunal found that the applicant had satisfied all procedural requirements, including the use of the approved form and fee, and the identification of the nominee. It was established that the applicant was a standard business sponsor, and the nominated occupation, Liaison Officer (ANZSCO Code 224912), was listed in the relevant instrument. The Tribunal also noted the absence of adverse information and confirmed that the nominee's occupation corresponded to the specified instrument. Critically, the Tribunal was satisfied that the terms and conditions of employment would be no less favourable than those for an equivalent Australian worker, and that the nominee's qualifications and experience were commensurate with the occupation.

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