A2Z Building & Construction Pty Ltd (Migration)

This matter concerned an application by A2Z Building & Construction Pty Ltd for approval of a nomination of a position under the short-term stream. The nominee for the position was the brother of the nominator. The decision under review was set aside by the Tribunal.

The legal issues before the Tribunal were whether the applicant met the criteria for approval of the nomination, specifically considering the requirements of regulation 2.72 of the Migration Regulations 1994. This included whether the nomination was made in accordance with the prescribed process, whether there was any adverse information known to Immigration about the applicant or a person associated with them, whether the nominator was a standard business sponsor and had paid any outstanding debts, and whether the nominated occupation corresponded to a specified occupation in the relevant instrument.

The Tribunal found that the applicant met the requirements of regulation 2.72. It was satisfied that the nomination process had been followed, that no adverse information was known to Immigration, that the nominator was a standard business sponsor and had no outstanding debts under section 140ZO of the Act. The Tribunal also confirmed that the nominated occupation, Contract Administrator (511111), was specified in the relevant instrument and that the nominee possessed the commensurate qualifications and experience. The Tribunal noted that certain requirements related to existing Subclass 457 or Subclass 482 visa holders did not apply as the nominee was not such a visa holder.

Consequently, the Tribunal set aside the decision under review and substituted a decision approving the nomination.