FCS Concrete Repairs Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) reviewed a decision concerning the approval of a nomination for a Subclass 482 visa in the Medium-term stream. The applicant, FCS Concrete Repairs Pty Ltd, a contractor in the construction industry, nominated a Civil Engineer for the position. The core dispute revolved around whether the applicant met the criteria for approving the nomination, particularly in relation to labour market testing, the genuineness of the position, and the applicant's operational status as a business.

The Tribunal was required to determine if the applicant satisfied the requirements of Regulation 2.72 of the Migration Regulations 1994, which govern the approval of nominations for Subclass 457 and 482 visas. Specifically, the Tribunal had to assess whether the applicant was an approved work sponsor, had paid applicable charges, met labour market testing requirements under section 140GBA, and complied with other criteria including the absence of adverse information, the genuineness of the nominated position, and that the terms and conditions of employment were no less favourable than those for Australian workers.

The Tribunal found that the applicant met all applicable criteria for the nomination to be approved. It considered the extensive documentation provided, including updated financial information and employment contracts, and found that the nominated occupation, Civil Engineer (ANZSCO 233211), was specified in the relevant legislative instrument. The Tribunal also determined that there was no adverse information that could not be disregarded and that the applicant was a standard business sponsor. Furthermore, the Tribunal was satisfied that the nominee was not a holder of a Subclass 457 or 482 visa, thus certain related requirements did not apply. The Tribunal concluded that the applicant had demonstrated compliance with the prescribed nomination process and that the nominee's qualifications and experience were commensurate with the nominated occupation.

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