Delta Foundations Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a nomination decision concerning Delta Foundations Pty Ltd. The dispute centred on whether Delta Foundations Pty Ltd met the requirements for approving a nomination under migration regulations.

The Tribunal was required to determine if the nomination complied with the prescribed process under regulation 2.72 and 2.73 of the Migration Regulations. Specifically, the Tribunal considered whether there was any adverse information known to Immigration that could not be disregarded, whether the nominator was a standard business sponsor, if any debts under section 140ZO of the Act had been paid, and if the nominated occupation and position met the specified criteria, including genuineness and full-time employment.

The Tribunal found that the requirements of regulation 2.72(3) were met, as the nomination was made in accordance with the prescribed process. It also determined that regulation 2.72(4) was satisfied because there was no evidence of adverse information known to Immigration about the applicant or any associated person. Further, the Tribunal confirmed that the nominator was a standard business sponsor until 2023 and that there was no indication of outstanding debts under section 140ZO, satisfying regulations 2.72(5) and 2.72(5A). The Tribunal noted that specific requirements for Subclass 457 or Subclass 482 visa holders did not apply as the nominee was not such a visa holder. The nominated occupation and its code were found to correspond with the relevant Instrument, and the position was assessed as genuine and full-time, aligning with the principles established in *Cargo First Pty Ltd v MIBP* [2016] FCA 30.

Consequently, the Tribunal set aside the decision under review and substituted a decision approving the nomination.