1518019 (Migration)

This matter concerned an application to approve a nomination for a Subclass 457 visa. The applicant company sought to nominate an individual for the occupation of Restaurant 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 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 whether the applicant had provided the necessary certifications regarding the occupation, the absence of adverse information, and 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 also considered whether the nominated occupation and its ANZSCO code corresponded to a specified occupation in the relevant instrument.

The tribunal reasoned that the applicant company had made the nomination in accordance with the approved form and paid the prescribed fee. It was satisfied that the nominator was an approved standard business sponsor and that the nominee, a Subclass 457 visa applicant, had been correctly identified. The tribunal found that the nominated occupation of Restaurant Manager (ANZSCO code 141111) was listed in the relevant instrument and that no specific written support from an organisation was required. Furthermore, there was no adverse information known to Immigration concerning the applicant or associated persons. The tribunal concluded that all applicable criteria for the nomination to be approved had been met.

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