1515608 (Migration)

This matter concerned an application to approve a nomination for a Subclass 457 visa. The applicant, Future Vision, sought to nominate an individual to work in the occupation of Contract Administrator. The Tribunal was required to determine whether Future Vision 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 included whether the nomination complied with the prescribed process under regulation 2.73, 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, including the relevant ANZSCO code, the absence of adverse information known to Immigration, and whether the nominated occupation was specified in the relevant instrument. The Tribunal also had to consider the terms and conditions of employment for the nominee, ensuring they were no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work.

The Tribunal found that Future Vision had met the procedural requirements for making the nomination. While Future Vision's status as a standard business sponsor had lapsed and was subsequently reinstated, this did not prevent the nomination from being approved. The Tribunal was satisfied that the nominee was correctly identified and that the nominated occupation, Contract Administrator, was specified in the relevant instrument (IMMI 15/092). Regarding the terms and conditions of employment, the Tribunal noted the absence of equivalent Australian employees but found that the provided terms, including salary data from PayScale, were consistent with those offered to Australian citizens and fell within the acceptable range for the occupation.

Ultimately, the Tribunal concluded that Future Vision had satisfied all applicable requirements for the approval of the nomination. Accordingly, the Tribunal set aside the decision not to approve the nomination and substituted a decision approving the nomination.