1515453 (Migration)

This matter concerned an application by 1847 Winery (SA) Pty Ltd for approval of a nomination for a Subclass 457 visa. The applicant sought to nominate Miss Shan for the occupation of Customer Service Manager. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination as set out in the Migration Regulations 1994.

The legal issues before the Tribunal included 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 involved the provision of information about the nominated occupation, the absence of adverse information known to Immigration, and whether the nominated occupation and its ANZSCO code corresponded to a specified occupation in a legislative instrument. The Tribunal also had to consider 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.

The Tribunal found that the applicant had met all the relevant criteria. It was satisfied that the nomination was made in accordance with the prescribed process, that 1847 Winery (SA) Pty Ltd was a standard business sponsor, and that Miss Shan was correctly identified as the proposed applicant. The Tribunal was also satisfied that the required information about the nominated occupation was provided, that there was no adverse information known to Immigration, and that the occupation of Customer Service Manager, with its corresponding ANZSCO code, was listed in the relevant legislative instrument. The Tribunal concluded that the requirements concerning the terms and conditions of employment were also met.

Consequently, the Tribunal set aside the decision not to approve the nomination and substituted a decision that the nomination be approved.