HYDRAULINK PTY LTD (Migration)

The Administrative Appeals Tribunal (AAT) reviewed a decision concerning a nomination for a Subclass 482 visa under the Medium-term stream. The applicant, Hydrulink Pty Ltd, sought to have its nomination approved. The Tribunal was required to determine whether the applicant met the various criteria prescribed by the Migration Regulations 1994 for the approval of such a nomination.

The legal issues before the Tribunal included whether the applicant was an approved standard business sponsor, whether the nomination was made in accordance with the prescribed process, whether there was any adverse information known to Immigration about the applicant or associated persons, and whether the nominated occupation was specified in the relevant legislative instrument. Additionally, the Tribunal had to consider if the nominee, Mr Jamie Walsh, had previously held a Subclass 457 or 482 visa, as this would trigger specific requirements regarding the listing of family members and language proficiency. The Tribunal also examined the requirements related to the payment of any nomination training contribution charge and the specified occupation's correspondence with the ANZSCO code.

The Tribunal found that Hydrulink Pty Ltd met all the applicable criteria for the nomination to be approved. It was satisfied that the nomination was made using the approved form and fee, lodged before the training contribution charge became applicable, and correctly identified the nominated occupation as a medium and long-term strategic skills occupation. The Tribunal also confirmed that the nominee was identified, and the nomination included all necessary details such as the occupation code, location, proposed period of stay, and annual turnover. Furthermore, the Tribunal was satisfied that there was no adverse information known to Immigration about the applicant or associated persons, that Hydrulink Pty Ltd was an approved standard business sponsor, and that no nomination training contribution charge debt was owed. Crucially, as Mr Walsh had not previously held a Subclass 457 or 482 visa, certain regulatory requirements did not apply.

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