F & C Vogels (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination for a visa. The applicant sought to have the nomination approved, which had previously been refused. The core of the dispute revolved around whether the nominated position of "Agricultural Technician" met the relevant criteria under the Migration Regulations 1994.

The Tribunal was required to determine if the applicant, as a standard business sponsor, had met all the applicable criteria for approving the nomination. This involved assessing compliance with various regulations, including the proper nomination process, the sponsor's status, the identification of the nominee, and the specifics of the nominated occupation, particularly in relation to its classification and location. A key issue was whether the nominated position, described as "Young Cattle Supervisor," aligned with the ANZSCO Code 311111 for "Agricultural Technician" and whether an "inapplicability condition" related to regional Australia applied.

The Tribunal reasoned that the applicant had satisfied the procedural requirements for making the nomination and that the nominator was a valid standard business sponsor. Crucially, the Tribunal found that the nominated position of "Young Cattle Supervisor" was correctly classified as an "Agricultural Technician" under ANZSCO Code 311111. It further determined that the nominated position's location in Cooriemungle, Victoria (postcode 3268), fell within the definition of "Regional Australia" as specified in IMMI 17/059, thereby rendering the "inapplicability condition" that the position not be located in regional Australia inapplicable. The Tribunal was satisfied that all other relevant criteria, including the genuineness of the position and the terms and conditions of employment, were met.

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