Gil Tiling Pty Ltd (Migration)

This matter concerned an application by Gil Tiling Pty Ltd for approval of a nomination for a Subclass 457 visa. The applicant, a South Korean citizen, was nominated by Gil Tiling Pty Ltd to work as a Wall and Floor Tiler. The core dispute revolved around whether the nominated position and the proposed nominee met the relevant criteria under the Migration Regulations 1994 for the nomination to be approved. The decision was made by Mr S Norman of the Tribunal.

The Tribunal was required to determine if Gil Tiling Pty Ltd had met all the applicable requirements for the approval of the nomination, specifically considering regulations concerning the nomination process, the nominator's status as a standard business sponsor, the identification of the nominee, the specified occupation, and the terms and conditions of employment. Key legal issues included whether the nominated occupation corresponded to a specified occupation in the relevant instrument, whether the nominee's employment conditions were no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work, and whether the nominee possessed the necessary qualifications and experience for the role.

The Tribunal found that Gil Tiling Pty Ltd had complied with the prescribed nomination process, including identifying the occupation with its ANZSCO code (333411 - Wall and Floor Tiler) and the proposed nominee. It was satisfied that Gil Tiling Pty Ltd was a standard business sponsor and that there was no adverse information known to Immigration concerning the applicant or associated persons. Crucially, the Tribunal determined that the nominated occupation was specified in the relevant instrument and that the nominee's qualifications and work experience were commensurate with the requirements for the occupation. Furthermore, the Tribunal was satisfied that the terms and conditions of employment offered to the nominee were no less favourable than those that would be provided to an Australian citizen or permanent resident in an equivalent role, and that the position itself was genuine.

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