J EVERS PTY LTD (Migration)

The Administrative Appeals Tribunal (Cth) considered a decision concerning the nomination of an occupation for a Subclass 457 (Temporary Work (Skilled)) visa. The applicant, J EVERS PTY LTD, sought to have a nomination approved. The Tribunal affirmed the delegate's decision not to approve the nomination.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the approval of a nomination under regulation 2.72 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had provided a written contract of employment, as required by subregulation (10)(h)(i)(A), and if the nomination process itself met the applicable regulatory requirements, particularly in light of the repeal of the 457 visa program and the absence of an ongoing visa application.

The Tribunal found that the applicant had not provided a written contract of employment, which was a mandatory requirement under subregulation (10)(h)(i)(A) for a standard business sponsor nominating an occupation. Furthermore, the Tribunal noted that there was no application for a Subclass 457 visa in progress, and the program itself had been repealed. The applicant also failed to respond to communications from the Tribunal. Given these deficiencies, the Tribunal concluded that the applicant had not met the applicable criteria for the nomination to be approved.

Consequently, the Tribunal affirmed the decision under review, meaning the nomination was not approved.