City CPAP Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a decision by the Department of Home Affairs concerning a nomination for a Subclass 482 visa. The applicant, City CPAP Pty Ltd, sought approval of a nominated position as a Natural and Physical Science Professional under the Medium-term stream. The Department had refused to approve the nomination, and the applicant sought review of this decision.

The Tribunal was required to determine 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 the nominated occupation corresponded to a specified occupation in the relevant instrument.

The Tribunal found that the applicant had complied with the procedural requirements of regulation 2.73, including using the approved form, identifying the nominee and occupation, paying the nomination training contribution charge, and providing necessary certifications regarding employment laws and the genuineness of the position. It was satisfied that no adverse information was known to Immigration, that City CPAP Pty Ltd was an approved standard business sponsor, and that no relevant debts were outstanding. Furthermore, the nominated occupation, Natural and Physical Science Professional (ANZSCO 234999), was found to correspond to a specified occupation in the relevant instrument, LIN 19/048, and was not subject to any applicability conditions.

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