Aerocare Flight Support (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by Aerocare Flight Support concerning the refusal to approve a nomination for a Subclass 457 visa. The applicant sought to nominate an individual for the occupation of Air Transport Professionals nec (not elsewhere classified), ANZSCO Code 231199. The Tribunal was required to determine whether the applicant met the criteria for the approval of this nomination.

The primary legal issues before the Tribunal were whether the nominated occupation and its corresponding 6-digit code matched an occupation and code specified in instrument IMMI 17/060, as required by subclause 2.72(10)(aa) of the Migration Regulations 1994, and whether the nominated position was genuine, as stipulated by subclause 2.72(10)(f). The Tribunal also considered whether the applicant was a standard business sponsor, a prerequisite for nomination approval under regulation 2.72(3) and (4).

The Tribunal affirmed the decision to refuse the nomination. It found that the applicant had not provided evidence to demonstrate that the nominated occupation and its 6-digit code corresponded to an occupation and code specified in instrument IMMI 17/060. Furthermore, the Tribunal was not satisfied that the nominated position was genuine, noting a lack of contemporary evidence indicating the applicant's intention to engage the nominee in the nominated role and a paucity of evidence suggesting the applicant lawfully operated a business requiring such an occupation. The Tribunal concluded that the applicant failed to meet the requirements of subclauses 2.72(10)(aa) and 2.72(10)(f).