Feng Holdings Pty Ltd ATF The Feng Family Trust (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Feng Holdings Pty Ltd ATF The Feng Family Trust's application for approval of a nomination for a Subclass 457 visa. The applicant sought to nominate Ms Yi Liang for the occupation of Child Care Centre Manager. The core dispute revolved around whether the nominated position was genuine and whether the applicant had provided sufficient current information to satisfy the requirements of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant met the criteria for approval of the nomination under section 140GB(2) and section 140GBA of the Migration Act 1958, and specifically, whether the nomination complied with the processes and requirements set out in Regulation 2.72 of the Migration Regulations 1994. This involved assessing various subregulations concerning the applicant's status as a sponsor, the identification of the nominee, the provision of information about the nominated occupation, the absence of adverse information, and the specified occupation requirements.

The Tribunal's reasoning focused on a detailed examination of the evidence against the requirements of Regulation 2.72. It found that the applicant was an approved standard business sponsor and had complied with the procedural requirements for making the nomination. Crucially, the Tribunal was satisfied that the nominated position of Child Care Centre Coordinator, an alternative title for Child Care Centre Manager, was genuine and of a managerial complexity commensurate with the ANZSCO description, despite the existence of facility directors. This satisfaction was based on the scale and growth of the applicant's commercial operations, supported by financial records and a detailed statement from the company director. The Tribunal also confirmed that the nominee, Ms Yi Liang, was correctly identified and that no adverse information was known.

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