BLUE LAKE DAIRY GROUP PTY LTD (Migration)

The Administrative Appeals Tribunal reviewed a decision to refuse the nomination of a position by Blue Lake Dairy Group Pty Ltd. The applicant sought approval of a nomination for a Subclass 482 visa for the occupation of Sales and Marketing Manager (ANZSCO 131112) under the Short-term stream. The Tribunal considered the material before it and concluded that the decision to refuse the nomination should be set aside.

The primary legal issue before the Tribunal was whether the applicant met the criteria for approval of the nomination under section 140GB(2) of the Migration Act 1958 and regulation 2.72 of the Migration Regulations 1994. This involved assessing whether the nomination complied with the prescribed process under regulation 2.73, whether there was any adverse information known to Immigration, whether the nominator was a standard business sponsor, whether any debts had been paid, and whether specific requirements for existing visa holders were met. The Tribunal also had to consider whether the nominated occupation and its code corresponded to an occupation specified in the relevant instrument.

The Tribunal found that the applicant had complied with the nomination process, including using the approved form, paying the fee, and providing required details such as the location, ANZSCO code, salary, and turnover. It was satisfied that there was no adverse information known to Immigration, that the applicant was a standard business sponsor, and that no debts were outstanding. The Tribunal also confirmed that the nominee, who held a Subclass 457 visa at the time of application and subsequently a Subclass 482 visa, had family members listed on the nomination as required, and that the language test requirements were met. Furthermore, the nominated occupation and its code were found to correspond to an occupation specified in the relevant instrument.

Consequently, the Tribunal set aside the decision not to approve the nomination and substituted a decision that the nomination be approved.