Demountable Sales and Hire Pty Ltd (Migration)

This matter concerned an application by Demountable Sales and Hire Pty Ltd for approval of a nominated position under regulation 5.19(3) of the Migration Regulations 1994. The company sought to nominate Mr Jose Imaysay for a position as a Metal Fabricator. The Administrative Appeals Tribunal considered whether the company had met all the relevant criteria for the approval of the nomination.

The Tribunal was required to determine whether the company had satisfied the requirements of regulation 5.19(3) of the Migration Regulations 1994, specifically concerning the application process, the status of the nominator, and the identification of an occupation listed in ANZSCO that matched the duties performed by the nominated employee. The Tribunal also considered the evidence presented by the company directors and the nominated employee regarding the nature of the employment and the employee's qualifications.

The Tribunal found that the company had complied with the procedural requirements of regulation 5.19(2) and (3)(a) by lodging the correct form and paying the prescribed fee, and that Mr Imaysay held the requisite visa. Crucially, the Tribunal was satisfied that the nominated occupation of Metal Fabricator (ANZSCO code 322311) accurately reflected Mr Imaysay's duties and qualifications, aligning with the ANZSCO description for Structural Steel and Welding Trade Workers. The Tribunal also confirmed that the company was the Standard Business Sponsor and that Mr Imaysay was identified in the application.

Based on its findings, the Tribunal set aside the original decision under review and substituted a decision approving the nomination.