Integrated Service Solutions Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a decision concerning Integrated Service Solutions Pty Ltd's nomination of a position. The core of the dispute revolved around whether the nominated position of Contract Administrator met the relevant legislative criteria for approval.

The Tribunal was required to determine if the applicant, Integrated Service Solutions Pty Ltd, had met the various requirements stipulated in Regulation 2.72 of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether the nominated occupation and its corresponding code were specified in the relevant instrument, if the occupation was applicable to the nominated person, and if there were any adverse information known to Immigration that would preclude approval. Furthermore, the Tribunal needed to consider the terms and conditions of employment for the nominee, ensuring they were no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work.

In its reasoning, the Tribunal systematically addressed each subclause of Regulation 2.72. It found that the requirements concerning adverse information, the specified occupation and its code, and the applicability of the occupation to the nominee were met. The Tribunal also determined that the nominator was a standard business sponsor and had identified the nominee correctly. Crucially, the Tribunal found that the terms and conditions of employment offered to the nominee were not less favourable than those that would be provided to an Australian citizen or permanent resident performing equivalent work, a key consideration under Regulation 2.72(10)(c).

Consequently, the Tribunal decided to set aside the original decision under review and substitute it with a decision approving the nomination.