Adroitt Group Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Adroitt Group Pty Ltd's nomination of a position for a Subclass 482 visa. The dispute centred on whether the nominated position of Advertising Specialist met the criteria for approval under the Migration Regulations 1994.

The Tribunal was required to determine if Adroitt Group Pty Ltd, as the nominator, satisfied all the relevant legislative requirements for the approval of the nominated position. This included assessing whether the nomination complied with the prescribed process, whether there was any adverse information known to Immigration, if the nominator was a standard business sponsor, and if any debts had been paid. Additionally, the Tribunal considered specific criteria relating to the nominee's visa status and the nominated occupation's alignment with the Short-term stream requirements.

The Tribunal found that Adroitt Group Pty Ltd had met all the applicable criteria. It was satisfied that the nomination was made in accordance with the prescribed process, including the use of the approved form, payment of the training contribution charge, and proper identification of the nominee and occupation details. The Tribunal noted the absence of adverse information and confirmed the applicant's status as a standard business sponsor. Furthermore, the nominated occupation, Advertising Specialist (ANZSCO 225111), was correctly identified as a short-term specified skilled occupation under the relevant instrument, LIN 19/048, and the nominee's circumstances meant that certain additional requirements, such as those for existing Subclass 457 or 482 visa holders, did not apply.

Consequently, the Tribunal set aside the original decision not to approve the nomination and substituted a decision approving the nomination.