ICT GROUP (AUST) PTY LTD (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of ICT Group (Aust) Pty Ltd concerning a nomination for an ICT Business Analyst. The applicant sought review of a decision that had refused to approve the nominated occupation. The core of the dispute revolved around whether the nominated position was genuine and whether the applicant, as a sponsor, met the relevant legislative requirements.

The Tribunal was required to determine, among other things, whether the nominated occupation of ICT Business Analyst was genuine. This involved assessing whether the position was a real employment opportunity within the applicant's business and whether the nominee was performing the duties of that occupation. The Tribunal also had to consider whether the applicant was lawfully operating a business in Australia and whether it was able to financially support the nominated position.

In its reasoning, the Tribunal found that the nominee had been performing the nominated occupation on a full-time basis. It was satisfied that the applicant's business was able to financially support the position and that there was no adverse information against the applicant. The Tribunal concluded that the position associated with the nominated occupation was genuine and that the applicant had been approved as a standard business sponsor. Furthermore, the Tribunal was satisfied that the nominee was not offered less favourable terms and conditions of employment than those offered to Australian citizens or permanent residents.

Consequently, the Tribunal set aside the original decision and substituted it with a decision to approve the nominated occupation.