LEE, YOUNGHWAN (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a migration nomination made by Mr. Younghwan Lee. The applicant sought approval for a nomination to employ Mr. Chulwan Lim as a Contract Administrator under a Subclass 457 visa. The core dispute revolved around whether the nominated occupation, Contract Administrator, was subject to an inapplicability condition that would preclude the nomination.

The Tribunal was required to determine if the applicant met the criteria for approval of the nomination, specifically focusing on whether Mr. Lim was performing the occupation of a Contract Administrator and if an "inapplicability condition" related to this occupation prevented the nomination. This condition stipulated that the position must not require a minimum of two years of relevant work experience. The Tribunal also had to consider whether the nomination complied with the prescribed processes under the Migration Regulations 1994, including the applicant being a standard business sponsor and identifying the nominee correctly.

The Tribunal found that the applicant had complied with the procedural requirements for making a nomination, including using the approved form, paying the fee, and certifying compliance with relevant sections of the Act. It was satisfied that the applicant was an approved Standard Business Sponsor and had correctly identified Mr. Lim as the visa applicant who would work in the nominated occupation. Crucially, regarding the inapplicability condition, the Tribunal heard oral evidence from Mr. Lee and considered a VETASSESS assessment for Mr. Lim. Based on this evidence, the Tribunal was satisfied that the position of Contract Administrator in Mr. Lee's business did indeed require a minimum of two years of relevant work experience, thereby rendering the inapplicability condition inapplicable to this nomination.

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