Crystal Blue Yacht Charters Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination for a Subclass 482 visa in the Medium-term stream. The applicant, Crystal Blue Yacht Charters Pty Ltd, sought approval for a nomination for the occupation of Chef. The Tribunal was required to determine whether the applicant met the criteria for approving the nomination under regulation 2.72 of the Migration Regulations 1994.

The Tribunal considered several legal issues, including whether the nomination was made in accordance with the prescribed process, whether there was any adverse information known to Immigration about the applicant or associated persons, and whether the nominator was a standard business sponsor. Additionally, the Tribunal examined whether the nominated occupation, Chef (ANZSCO 351311), was specified in the relevant legislative instrument and whether any inapplicability conditions applied. The Tribunal also considered requirements related to existing visa holders, payment of debts, and the genuineness of the nominated position.

The Tribunal found that the applicant had lodged the nomination on the approved form, identified the correct location and ANZSCO code, and paid the prescribed fees. It was satisfied that Crystal Blue Yacht Charters Pty Ltd held an approved standard business sponsorship. Crucially, the Tribunal determined that the nominated occupation of Chef was listed in the relevant legislative instrument, LIN 19/048, and that the specified inapplicability conditions, relating to mass production in a factory setting or limited service restaurants, did not apply to the circumstances of the nomination.

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