Intense Group Pty Ltd (Migration)

This matter concerned an application by Intense Group Pty Ltd for approval of a nomination for a Software Engineer position under the medium-term stream of the Subclass 482 visa program. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for approval of the nomination, specifically in relation to labour market testing and other regulatory requirements.

The Tribunal considered whether the applicant had complied with the prescribed nomination process under Regulation 2.72 and 2.73 of the Migration Regulations 1994. This involved assessing whether the nomination form was completed correctly, the nominee was identified, and details regarding the occupation, location, and proposed period of stay were provided. The Tribunal also examined requirements concerning adverse information, the applicant's status as a standard business sponsor, payment of any debts, and whether the nominated occupation was specified in the relevant instrument.

The Tribunal found that the applicant had met all the applicable criteria for the nomination to be approved. Despite an initial mistaken response in the online application form regarding labour market testing, the Tribunal was satisfied, based on other information provided to the Department and the Tribunal, that the labour market testing requirements had been met. The Tribunal noted the skills shortages in the relevant work sector and concluded that the applicant had complied with the procedural and substantive requirements of the Regulations.

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