A&J Property Management Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning A&J Property Management Pty Ltd's application for approval of a nomination for a Subclass 457 visa. The applicant sought to nominate Mr Jagdeep Singh Sidhu for the occupation of Facilities Manager (ANZSCO 149913). The core dispute revolved around whether the nominated position and the nominee met the relevant legislative criteria for approval.

The Tribunal was required to determine if the applicant had satisfied the requirements of Regulation 2.72 of the Migration Regulations 1994, specifically concerning the process of nomination, the applicant's status as a standard business sponsor, the identification of the nominee, and the information provided about the nominated occupation. A key issue was whether the nominated occupation, Facilities Manager, was subject to any inapplicability conditions or caveats under instrument IMMI 17/060, and if the nominee's duties fell within those conditions.

The Tribunal found that the applicant had complied with the procedural requirements for making the nomination and was an approved standard business sponsor. It was satisfied that the nominee, Mr Jagdeep Singh Sidhu, was correctly identified and that the nomination was not precluded by any inapplicability conditions associated with the Facilities Manager occupation. This conclusion was based on the evidence presented, including oral testimony from Dr Shan and Mr Sidhu, documentary evidence such as an employment contract and position description, and a statutory declaration from the premises Body Corporate. The Tribunal accepted that the nominee's duties involved managing multiple services within a commercial building, aligning with the definition of a Facilities Manager and not falling foul of the caveats.

Consequently, the Tribunal determined that the applicant met all applicable criteria for the nomination to be approved. The decision under review was set aside, and a substituted decision was made to approve the nomination.