Bridgepro Engineering Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Bridgepro Engineering Pty Ltd's application for approval of a nominated position under the Direct Entry stream of the Regional Sponsored Migration Scheme. The core of the dispute revolved around whether the nominated position of Building Associate met the relevant legislative requirements for approval.

The Tribunal was tasked with determining if Bridgepro Engineering Pty Ltd satisfied the general requirements for nomination approval under regulation 5.19(4) and the specific requirements for the Direct Entry stream under regulation 5.19(9) of the Migration Regulations 1994. This involved assessing aspects such as the application's compliance with form and fee requirements, the nominator's satisfactory record of employment law compliance, the existence of any mandatory licensing for the nominated occupation, and whether the nominator was actively and lawfully operating a business in Australia.

In its reasoning, the Tribunal found that Bridgepro Engineering Pty Ltd had met all the necessary application requirements, including the payment of the nomination training contribution charge. It also determined that there was no mandatory licensing for a Building Associate in Tasmania, and the nominator had a satisfactory compliance record with employment laws. Crucially, the Tribunal was satisfied that the nominator was actively and lawfully operating its business in Australia, and that there was a genuine need for the nominated position.

Consequently, the Tribunal set aside the original decision and substituted a new decision approving the nomination.