J&C Blinds & Shutters Pty Ltd (Migration)

The Federal Circuit and Family Court considered an application by J&C Blinds & Shutters Pty Ltd for approval of a nomination for a Contract Administrator position for Mr Eui Sik Kim, who was an applicant for a Subclass 457 visa. The core of the dispute revolved around whether the nominated position was genuine and met the requirements of the Migration Regulations 1994.

The court was required to determine if the applicant met the criteria for approval of the nomination under section 140GB(2) and section 140GBA of the Migration Act 1958, specifically focusing on whether the nomination complied with Regulation 2.72. This involved assessing whether the applicant was a standard business sponsor, if the nominee was correctly identified, and if the nominated occupation, Contract Administrator (ANZSCO 511111), was genuine and consistent with the scale and nature of the applicant's business operations, particularly in light of any applicable inapplicability conditions or caveats.

The court reasoned that the applicant had satisfied the procedural requirements for lodging the nomination, was an approved Standard Business Sponsor, and had correctly identified the nominee. Crucially, the court found that the nominated position of Contract Administrator was genuine and consistent with the applicant's commercial operations, which involved supplying window coverings. Despite an inapplicability condition related to minimum work experience for the occupation, the court was satisfied that the nominee possessed the requisite experience, having previously been nominated for the same occupation and having worked for the applicant for a significant period. The court also noted that the nominee's work tasks were consistent with the size and scope of the business.

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