Dasalla, Efraim Bentero (Migration)

This matter concerned an application by Efraim Bentero Dasalla for approval of a nomination for a Subclass 457 visa. The nominated occupation was Residential Care Officer, with the proposed visa applicant being Emmanuel Jr Bentero Dasalla. The decision under review was made by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for approval of the nomination, as stipulated by 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, whether the nominator was a standard business sponsor, the identification of the nominee, the absence of adverse information, the specified occupation, and the terms and conditions of employment.

The Tribunal found that the applicant had complied with the nomination process, was a standard business sponsor, and had correctly identified the nominee. It was satisfied that there was no adverse information known to Immigration concerning the applicant or associated persons, and that the nominated occupation corresponded to a specified instrument and was applicable to the nominee. Furthermore, the Tribunal determined that the terms and conditions of employment offered to the nominee would be no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work.

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