Australian Food Group Pty Ltd (Migration)

This matter concerned an appeal by Australian Food Group Pty Ltd against a decision to refuse the approval of a nomination for a Subclass 457 visa. The decision was reviewed by the Tribunal, presided over by Member Karen Synon. The core of the dispute revolved around whether the applicant had met the criteria for the approval of the nomination, specifically concerning the identification of the proposed visa holder.

The Tribunal was required to determine whether the applicant had satisfied the requirements of regulation 2.72 of the Migration Regulations 1994, particularly subregulation (5), which mandates the identification of the visa holder, applicant, or proposed applicant who will work in the nominated occupation. This criterion is intended to ensure that the nomination relates to a specific individual and that the decision-maker is satisfied that this identified person will indeed perform the nominated occupation.

The Tribunal reasoned that regulation 2.72(5), when read in conjunction with other provisions such as regulation 2.73, restricts the identification of the nominee to the person named at the time the nomination application was lodged. The Tribunal noted that this interpretation aligns with departmental policy, which requires a new nomination application if there is a need to change the nominated person. Consequently, the Tribunal found that the applicant had not met the applicable criteria for the nomination to be approved. The Tribunal affirmed the decision under review to refuse the nomination.