Kiren Australia Pty Ltd (Migration)

This matter concerned an application for review of a decision not to approve a nomination for a Subclass 457 (Temporary Work (Skilled)) visa. The applicant, Kiren Australia Pty Ltd, had nominated an occupation described as 'Importer or Exporter'. The decision-maker had refused to approve the nomination. The Tribunal was required to determine whether the applicant met the criteria for the approval of the nomination under the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominated occupation of 'Importer or Exporter' satisfied the requirements of subclause 2.72(10)(aa) of the Migration Regulations 1994. This subclause mandates that the nominated occupation and its corresponding 6-digit code must be specified in the relevant instrument, IMMI 17/060, and that the occupation must be applicable to the nominated person. The Tribunal also considered submissions regarding a potential deferral of the decision pending the outcome of a separate application for a Subclass 186 visa.

The Tribunal reasoned that the nominated occupation of 'Importer or Exporter' was not listed in either the Medium and Long-term Strategic Skills List or the Short-term Skilled Occupation List within IMMI 17/060. Consequently, the requirements of subclause 2.72(10)(aa) were not met, as the occupation and its code were no longer specified in the relevant instrument. While acknowledging the business's reliance on the visa applicant and the representative's request for a deferral, the Tribunal found it was not prepared to delay its decision-making process for the requested period. The Tribunal affirmed the decision not to approve the nomination.