1513054 (Migration)

This matter concerned an application to approve a nomination for a Subclass 457 visa. The applicant sought to have a nomination approved, which had been refused by the Department. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination as set out in regulation 2.72 of the Migration Regulations 1994.

The legal issues before the Tribunal were whether the nomination complied with the prescribed process under regulation 2.72(3), whether the nominator was a standard business sponsor or party to a work agreement under regulation 2.72(4), and whether the nominee was correctly identified under regulation 2.72(5). Further issues included whether the requirements for existing Subclass 457 visa holders were met, if there was any adverse information known to Immigration under regulation 2.72(9), and if the nominated occupation and its ANZSCO code corresponded to a specified occupation in the relevant instrument under regulation 2.72(10)(aa). Finally, the Tribunal had to consider the terms and conditions of employment and base rate of pay under regulation 2.72(10)(c).

The Tribunal found that the applicant had made the nomination in accordance with the approved form and fee, identified the nominee and the location of work, and provided the correct ANZSCO code, thus satisfying regulation 2.72(3). The Tribunal was satisfied that the applicant was a current standard business sponsor, meeting regulation 2.72(4). The nominee, Mr Connor Fantom, was correctly identified as the applicant for a Subclass 457 visa, satisfying regulation 2.72(5). The Tribunal also found no adverse information known to Immigration, fulfilling regulation 2.72(9). The nominated occupation and its code were found to be listed in the relevant instrument, and the instrument did not require further written support, satisfying regulation 2.72(10)(aa) and rendering regulation 2.72(10)(b) inapplicable. The Tribunal concluded that the applicant met all applicable criteria for the nomination to be approved.

The Tribunal set aside the decision not to approve the nomination and substituted a decision approving the nomination.