Cut and Roll Pty Ltd (Migration)

The case involved Cut and Roll Pty Ltd, the applicant, and the decision under review concerning a nomination for a Painting Trades Worker position. The dispute centred on whether the applicant met the criteria for approving this nomination, which was intended for Mr Yadwinder Singh, an applicant for a Subclass 482 visa. The matter was heard by K. Chapman.

The court was required to determine if the applicant satisfied the requirements of regulation 2.72 of the Migration Regulations 1994 for the approval of a nomination. Specifically, this involved assessing whether the nomination was made in accordance with the prescribed process, if there was any adverse information known to Immigration, if the nominator was a standard business sponsor, and if any relevant debts had been paid. The court also considered specific criteria relating to existing visa holders and the nominated occupation itself.

The court reasoned that the applicant had complied with the procedural requirements for making the nomination, including using the approved form, identifying the work location, paying the prescribed fees, and providing necessary certifications. It found no adverse information concerning the applicant or associated persons, confirmed the applicant's status as an approved Standard Business Sponsor, and noted the absence of any relevant debts under section 140ZO of the Act. Furthermore, the court was satisfied that the nominated occupation, Painting Trades Worker (ANZSCO 332211), was an approved occupation for a Subclass 482 visa in the Medium-term stream, and that the nominee met the English language requirements due to prior education in Australia.

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