Bare Demolition Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by Bare Demolition Pty Ltd for approval of its nomination of an occupation under the medium-term stream. The dispute concerned whether the applicant met the criteria for approval of the nomination, which was a prerequisite for a visa application. The Tribunal was tasked with reviewing the decision not to approve the nomination.

The legal issues before the Tribunal were whether the nominator was an approved work sponsor, whether the nomination complied with the prescribed process, whether there was any adverse information known to Immigration, and whether the nominated occupation and position met specific regulatory requirements. These included ensuring the occupation was listed in the relevant instrument, that the position was genuine and full-time, and that the nominee possessed commensurate qualifications and experience. The Tribunal also considered whether the nominator was a standard business sponsor and had paid any applicable debts.

The Tribunal reasoned that the applicant had met all the applicable criteria. It found that the nomination process was followed in accordance with regulation 2.73, there was no adverse information known to Immigration, and the nominator was a standard business sponsor who had paid any debts. The nominated occupation, painting trades worker (ANZSCO 332211), was specified in the relevant instrument and applied to the nominee. The Tribunal also found the position to be genuine and full-time, referencing the case of *Cargo First Pty Ltd v MIBP* [2016] FCA 30 for the assessment of genuineness. As the nominee was not a current Subclass 457 or 482 visa holder, certain specific requirements did not apply.

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