Auko Construction Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Auko Construction Pty Ltd's application for approval of a nomination for a Construction Project Manager position under the medium-term stream of the Subclass 482 visa. The applicant sought to nominate Mr. Minsoo Lee for this role. The Tribunal was required to determine whether the applicant met the criteria for approving the nomination, as stipulated by section 140GB(2) of the Act and regulation 2.72 of the Migration Regulations 1994.

The legal issues before the Tribunal included whether the nomination was made in accordance with the prescribed process, whether there was any adverse information known to Immigration about the applicant or associated persons, and whether the nominator was a standard business sponsor. Additionally, the Tribunal had to consider if any debts relevant to section 140ZO of the Act had been paid in full, and crucially, whether the nominated occupation, Construction Project Manager (ANZSCO 133111), was a specified occupation under the relevant legislative instrument and applicable to the nominee.

The Tribunal found that the applicant had satisfied all procedural requirements, including lodging the application on the approved form with necessary declarations, fees, and certifications. It was also satisfied that the applicant was an approved standard business sponsor and that no adverse information was known or reasonably disregarded. The Tribunal confirmed that the nominated occupation, Construction Project Manager (ANZSCO 133111), was listed in the relevant legislative instrument (LIN 19/048) and was applicable to the nominee, who was indeed employed in that capacity. The Tribunal noted that labour market testing was not required due to a free trade agreement.

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