Envitacare Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a nomination made by Envitacare Pty Ltd for the occupation of Disability Services Officer under the Subclass 482 visa program. The dispute arose from a decision not to approve this nomination. The Tribunal was tasked with determining whether the applicant met the criteria for approval of the nomination as prescribed by the Migration Regulations 1994.

The legal issues before the Tribunal included whether the nomination complied with the prescribed process under regulation 2.73, whether there was any adverse information known to Immigration about the applicant or associated persons, and whether the nominator was a standard business sponsor. Further, the Tribunal had to consider if any debt under section 140ZO of the Act had been paid in full, and crucially, whether the nominated occupation, Disability Services Officer (ANZSCO 411712), was specified in the relevant legislative instrument (LIN 19/048) and applicable to the nominee. The Tribunal also examined whether the position was genuine and full-time, and whether the applicant had determined the nominee's remuneration in the correct fashion.

The Tribunal reasoned that the applicant had satisfied the procedural requirements of regulation 2.73, including using the approved form, identifying the location of work, paying the prescribed fee and training contribution charge, and providing necessary certifications. It found no adverse information on the Department's file or before the Tribunal. The applicant's status as an approved standard business sponsor for the period 2020-2025 was confirmed, and there was no evidence of any relevant debt under section 140ZO. The nominated occupation was found to be listed in LIN 19/048 and applicable to the nominee, who was employed in that role. The Tribunal was satisfied that the position was genuine and full-time, and that the remuneration had been determined correctly.

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