Asset Restoration Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Asset Restoration Pty Ltd's nomination of a position for a Subclass 457 visa. The dispute centred on whether the nominated position of Accountant (General) met the relevant legislative criteria for approval.

The Tribunal was required to determine if Asset Restoration Pty Ltd, as the nominator, satisfied the requirements of Regulation 2.72 of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether the nomination was made in accordance with the prescribed process, if the nominator was an approved standard business sponsor, if the nominee was correctly identified, and if the nominated occupation complied with specific instrument requirements, including any inapplicability conditions.

The Tribunal found that Asset Restoration Pty Ltd met all applicable criteria. It was satisfied that the nomination was lodged correctly, that the company was a standard business sponsor, and that Mr Nizar El Darwich was properly identified as the intended visa applicant. Crucially, the Tribunal determined that the nominated occupation of Accountant (General) was not subject to the inapplicability conditions stipulated in Instrument IMMI 18/004, as the evidence demonstrated the business had a turnover exceeding $10 million and the role was more senior than clerical or bookkeeping. The Tribunal also noted the nominee would perform the majority of tasks of a full-time Accountant and that the business was financially viable.

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