Balluff Pty Ltd (Migration)

This matter concerned an application by Balluff Pty Ltd for approval of a nomination for the occupation of Sales Representative (Industrial Products) for Mr Robert Prince. The decision under review had refused this nomination. The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination under the Temporary Residence Transition nomination stream as set out in regulation 5.19(3) of the Migration Regulations 1994.

The Tribunal considered whether the application was compliant, including whether it was in the approved form, accompanied by the prescribed fee, and included the required certification. It also examined the status of the nominator, Balluff Pty Ltd, to ascertain if it was actively and lawfully operating a business in Australia and met other criteria relating to its sponsorship approval. Furthermore, the Tribunal assessed whether the nominated occupation, Sales Representative (Industrial Products), matched the occupation held by the nominee, Mr Prince, during his Subclass 457 visa tenure, specifically focusing on the 4-digit ANZSCO code.

The Tribunal found that the application met the requirements of regulation 5.19(3)(a), as it was in the approved form, accompanied by the prescribed fee, and included the necessary certification. It was satisfied that the nominated occupation, Sales Representative (Industrial Products), had the same 4-digit occupation unit group code as the occupation Mr Prince carried out while holding his Subclass 457 visa. The Tribunal also concluded that Balluff Pty Ltd was actively and lawfully operating a business in Australia and met the other criteria under regulation 5.19(3)(b). Consequently, the Tribunal set aside the original decision and substituted a decision approving the nomination.