FOREVER LAWNCARE PTY LTD (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a business nomination application made by Forever Lawncare Pty Ltd for the occupation of Gardener (General). The applicant sought approval of the nomination, which was a prerequisite for a Subclass 482 visa for the proposed nominee, Mr Krishan Lal.

The Tribunal was required to determine whether Forever Lawncare Pty Ltd met the criteria for approval of the nomination under section 140GB(2) of the Act, including whether it was an approved work sponsor, had paid any applicable nomination training contribution charge, and had met labour market testing requirements. Further, the Tribunal had to assess if the nomination complied with the prescribed process under Regulation 2.72(3) and Regulation 2.73.10, and if the nominated position was genuine and full-time as per Regulation 2.72(10).

The Tribunal found that the applicant had correctly nominated the occupation, identified the nominee, used the approved form, and paid the required fee. The nomination specified the location, ANZSCO code, proposed period of stay, and annual turnover, and was correctly identified as being for the Short-term stream. Crucially, the Tribunal was satisfied that the employment contract would comply with relevant laws, the nominee's qualifications were commensurate with the occupation, and the position was within the applicant's business. The Tribunal also confirmed the applicant was a standard business sponsor and had no outstanding debts under section 140ZO. Furthermore, it was satisfied that there was no adverse information known to Immigration about the applicant or associated persons.

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