Aloe Vera of Australia Proprietary Limited (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning the approval of a nominated position for a Subclass 457 (Temporary Work (Skilled)) visa. The applicant, Aloe Vera of Australia Proprietary Limited, sought to have its nomination for a Quality Assurance Manager position approved. The tribunal was tasked with determining whether the applicant met the relevant criteria for the nomination to be approved under the Migration Regulations 1994.

The primary legal issue before the tribunal was whether Aloe Vera of Australia Proprietary Limited had satisfied all the applicable requirements stipulated in Regulation 2.72 of the Migration Regulations 1994 for the approval of its nomination. This involved assessing various aspects, including the nomination process, the nominator's status as a standard business sponsor, the identification of the nominee, the information provided about the nominated occupation, the absence of adverse information, the specified occupation requirements, and the terms and conditions of employment for the proposed nominee.

The tribunal found that the applicant had complied with the prescribed nomination process, had been approved as a standard business sponsor, and had correctly identified the nominee and the nominated occupation. It was satisfied that the nominated occupation, Quality Assurance Manager, corresponded to an occupation listed in the relevant instrument and that the terms and conditions of employment offered were no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work. Furthermore, the tribunal found no adverse information known to Immigration concerning the applicant or associated persons, and that the nominee's qualifications and experience were commensurate with the nominated occupation.

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