Flesfadar Pty Ltd (Migration)

This matter concerned an application by Flesfadar Pty Ltd for approval of its nomination of a graphic designer position under the short-term stream. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination, as set out in section 140GB(2) of the Act and regulation 2.72 of the Migration Regulations 1994.

The primary legal issues before the Tribunal were whether the nominated position was genuine and full-time, and whether the nomination complied with the prescribed processes and requirements under the Migration Regulations. Specifically, the Tribunal considered whether the applicant was an approved work sponsor, had paid any applicable nomination training contribution charge, and whether the nomination itself met the procedural requirements, including the identification of the nominee, occupation details, and certifications regarding employment laws and the genuineness of the position. The Tribunal also had to assess whether there was any adverse information known to Immigration about the applicant or associated persons, and whether the nominated occupation corresponded to a specified skilled occupation.

The Tribunal reasoned that Flesfadar Pty Ltd, trading as CFS Gear Darwin, which advertises services including a dedicated graphic designer to transform ideas into reality for corporate, sports, and school uniforms, had demonstrated that the nominated position was genuine. The Tribunal found that the applicant met all the procedural requirements of regulation 2.73, including the use of the approved form, payment of fees and charges, and the provision of necessary information and certifications. Furthermore, the Tribunal was satisfied that Flesfadar Pty Ltd was an approved standard business sponsor, that no adverse information was known to Immigration, and that the nominated occupation of graphic designer was specified in the relevant instrument. The Tribunal also noted that the nominee was not a holder of a Subclass 457 or Subclass 482 visa, meaning certain other criteria did not apply.

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