CLEANING WIZARD AUSTRALIA PTY LTD (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination application made by Cleaning Wizard Australia Pty Ltd. The dispute centred on whether the nominated occupation, "contract administrator," met the requirements stipulated in the Migration Regulations 1994.

The Tribunal was required to determine if the nomination complied with the prescribed process under regulation 2.73, if Cleaning Wizard Australia Pty Ltd was an approved standard business sponsor or party to a work agreement, and if the nominee was correctly identified. Crucially, the Tribunal had to assess whether the nominated occupation and its corresponding ANZSCO code corresponded with an occupation specified in legislative instrument IMMI 16/059, and whether the position itself was genuine, as per regulations 2.72(10)(aa) and 2.72(10)(f).

The Tribunal reasoned that the nomination application satisfied the procedural requirements of regulation 2.73 and that Cleaning Wizard Australia Pty Ltd was an approved standard business sponsor. It found that the nominee, Nuwan Anuradha Piyasena Jayasinghe Arachchillage, was correctly identified and that certain provisions relating to existing Subclass 457 visa holders did not apply as the nominee did not hold such a visa. Applying the principles from *Nguyen & Vi Publishers Pty Ltd v Minister for Immigration & Anor* and *Cargo First Pty Ltd v MIBP*, the Tribunal conducted a qualitative analysis of the nominated position and its duties, concluding that the role of contract administrator genuinely corresponded to the description in ANZSCO code 511111 and that the position was genuine.

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