Adox Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision by the Department of Home Affairs not to approve a nomination for an Electronic Equipment Trades Worker position. The applicant, Adox Pty Ltd, sought approval of the nominated position for a subclass 457 visa for Scott Duplock. The Department's delegate had refused the nomination, being unsatisfied that there was sufficient evidence to demonstrate the genuineness of the nominated occupation. The review was conducted by Peter Newton SC.

The primary legal issue before the Tribunal was whether Adox Pty Ltd, as the sponsor, met the criteria for the approval of the nomination under section 140GB of the Migration Act 1958 and regulation 2.73 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the nominated occupation was genuine and if the sponsor had made genuine recruitment efforts, as implied by the Department's refusal. The Tribunal also considered various regulatory requirements concerning the nomination form, fees, identification of the nominee, and certifications regarding contraventions of the Act.

The Tribunal found that Adox Pty Ltd had satisfied the procedural requirements for the nomination, including using the approved form, paying the required fee, and correctly identifying the nominee and the nominated occupation with the relevant ANZSCO code. The Tribunal was satisfied that the nominated occupation was genuine and that the sponsor had met the necessary criteria for approval. The Tribunal noted that the nominated employment location had changed since the initial lodgement but was satisfied that this did not invalidate the nomination.

Consequently, the Tribunal set aside the Department's decision and substituted a new decision approving the nomination.