AJK Civil Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a migration matter involving AJK Civil Pty Ltd, the applicant, and the delegate of the Minister for Immigration, the respondent. The dispute concerned the approval of a nomination for a Subclass 482 visa in the Medium-term stream, specifically for the occupation of Welder (First Class) (ANZSCO 322313). The Tribunal was tasked with determining whether the applicant met the criteria for approving this nomination.

The legal issues before the Tribunal were whether the applicant had complied with the prescribed nomination process under regulation 2.73 of the Migration Regulations 1994, whether there was any adverse information known to Immigration about the applicant or associated persons, whether the applicant was a standard business sponsor, and whether any relevant debts had been paid. Additionally, the Tribunal had to consider if the nominated occupation, Welder (First Class) (ANZSCO 322313), was specified in the relevant legislative instrument and if it was applicable to the nominee.

The Tribunal reasoned that the applicant had satisfied the requirements of regulation 2.72. It found that the nomination was lodged on the approved form, identified the correct location, included the prescribed fee and training contribution charge, and contained the necessary certifications. The Tribunal was satisfied that the applicant was a standard business sponsor and that the nominated occupation was approved for the Subclass 482 visa in the Medium-term stream. Furthermore, no adverse information was known to Immigration, and there was no evidence of any debt under section 140ZO of the Act. The Tribunal also confirmed that the nominated occupation was listed in the relevant legislative instrument (LIN 19/048) and was applicable to the nominee.

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