Hawkins Consolidated Pty Ltd as trustee for The Hawkins Consolidated Trust & Snippe Investments Pty Ltd as trustee for the Snippe Investments Trust (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination for a Program or Project Administrator position. The applicants, Hawkins Consolidated Pty Ltd and Snippe Investments Pty Ltd, sought to have the decision not to approve their nomination set aside. The Tribunal was required to determine whether the applicants met the criteria for approval of the nomination under the Migration Regulations 1994.

The Tribunal considered various regulatory requirements, including whether the nomination was made in accordance with the prescribed process, the absence of adverse information known to Immigration, and whether the nominator was a standard business sponsor. It also examined whether any debts under section 140ZO of the Act had been paid and whether the nominated occupation, Program or Project Administrator (ANZSCO code 511112), was specified in the relevant instrument for the Short-term stream. The Tribunal noted that certain provisions, such as those relating to existing Subclass 457 or 482 visa holders and the nomination training contribution charge, were not applicable in this instance.

The Tribunal's reasoning focused on systematically assessing each applicable regulation against the evidence provided. It found that the nomination form contained all the necessary details, including the occupation, nominee, location, and proposed period of stay. The Tribunal was satisfied that the applicant had not engaged in conduct contravening section 245AR(1) and that the employment contract complied with relevant laws. Crucially, the Tribunal determined that the nominated occupation was listed on the Short Term Skilled Occupation List and that the nominee's qualifications and experience were commensurate with the specified occupation. Having found that all applicable criteria were met, the Tribunal set aside the original decision.

The Tribunal ordered that the decision not to approve the nomination be set aside and substituted with a decision approving the nomination.