HTC Trading Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning HTC Trading Pty Ltd's application for approval of a nomination for a position. The core of the dispute revolved around whether the nominated position was genuine and met the relevant criteria under the Migration Regulations 1994.

The Tribunal was required to determine if HTC Trading Pty Ltd had satisfied the various criteria for approving a nomination, as set out in regulation 2.72 of the Migration Regulations 1994. This included assessing whether the nomination process was followed correctly, if the nominator was an approved sponsor, if the nominee was properly identified, and if the nominated occupation and its associated details corresponded with the relevant occupation codes and instruments. The Tribunal also had to consider requirements relating to adverse information, terms and conditions of employment, and the genuineness of the nominated position.

The Tribunal found that HTC Trading Pty Ltd had met most of the procedural and formal requirements for the nomination. Crucially, it accepted that an initial error in the occupation code was promptly corrected and gave no weight to this issue. The Tribunal also noted that the company had demonstrated rapid business expansion, leading to a restructure and the creation of a new occupation, which supported the genuineness of the nominated role. The Tribunal concluded that the applicant had satisfied the criteria under regulation 2.72, including the requirement for the nominated occupation to be specified in the relevant instrument and applicable to the proposed applicant.

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