Flower Flow Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination made by Flower Flow Pty Ltd. The dispute centred on whether the nominated position of Marketing Specialist met the requirements for approval under migration regulations.

The Tribunal was required to determine if the nomination complied with various regulatory provisions, including whether there was any adverse information known to Immigration, if the nominated occupation and its code corresponded to a specified occupation in the relevant instrument, and if the terms and conditions of employment offered to the nominee were no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work. The Tribunal also considered whether the nominator was a standard business sponsor or a party to a work agreement, and if the nominee was correctly identified.

The Tribunal found that the requirements of Regulation 2.72(8B) regarding adverse information were met, as there was no evidence to suggest otherwise. It also determined that the nominated occupation and its code aligned with the relevant instrument, satisfying Regulation 2.72(10)(aa), and that Regulation 2.72(10)(b) concerning support from a specified organisation was not applicable. Furthermore, the Tribunal was satisfied that the terms and conditions of employment met the standard set out in Regulation 2.72(10)(c), and that the nominator was a standard business sponsor.

Consequently, the Tribunal set aside the original decision and substituted it with a decision approving the nomination.