Arco Windows Pty Ltd (Migration)

This matter concerned a review of a decision by the Department of Immigration not to approve a nomination for a Subclass 482 visa. The applicant, Arco Windows Pty Ltd, sought to nominate a position for a 'Joiner' under the Medium-term stream. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination as stipulated in the Migration Regulations 1994.

The legal issues before the Tribunal were whether the applicant had complied with the prescribed nomination process, whether there was any adverse information known to Immigration about the applicant, whether the applicant was a standard business sponsor, and whether any debts had been paid. Additionally, the Tribunal considered whether the nominated occupation corresponded to a specified occupation in the relevant instrument, whether the position was genuine and full-time, and whether the nominee's qualifications and the scope of the business supported the nomination.

The Tribunal found that the applicant had complied with the procedural requirements of regulation 2.73, including using the approved form, paying the required fees and charges, and providing necessary certifications. It was satisfied that no adverse information was known to Immigration, that Arco Windows Pty Ltd was an approved standard business sponsor, and that no debts were outstanding under section 140ZO. The Tribunal also determined that the nominated occupation of 'Joiner' (ANZSCO 331213) was specified in the relevant instrument and that the position was genuine and full-time, with the scope of the business supporting the need for a paid employee under the nominator's direct control.

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