LOUI PETREVSKI BUSINESS TRUST (Migration)

The Administrative Appeals Tribunal (AAT) considered a migration matter involving the Loui Petrevski Business Trust (the applicant) and the Department of Home Affairs. The dispute concerned the approval of a nomination for a Subclass 457 visa. The applicant, Quayclean Australia Pty Ltd, sought to nominate an individual for the role of Customer Service Manager.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the approval of the nomination under section 140GB(2) of the Migration Act 1958 and regulation 2.72 of the Migration Regulations 1994. This involved determining if the nominated position was genuine, if the tasks and the nominee's qualifications and experience aligned with the Australian and New Zealand Standard Classification of Occupations (ANZSCO), if the terms and conditions of employment were equivalent to those offered to Australian citizens or permanent residents, and if the nominator was an approved standard business sponsor exempt from labour market testing.

The Tribunal found that the nomination complied with the prescribed process, including the use of the approved form and fee, identification of the nominee, and provision of the occupation's location and ANZSCO code. It was satisfied that the applicant was an approved standard business sponsor and that there was no adverse information known to Immigration. Crucially, the Tribunal determined that the nominated occupation, Customer Service Manager, and its ANZSCO code corresponded to a specified occupation on the relevant skilled occupation list. While there were inapplicability conditions associated with this occupation, the Tribunal was satisfied that the evidence presented, including payslips and bank statements, demonstrated that the nominee's base salary of AU$60,000 per annum was consistent with the requirements, despite a discrepancy with the contract of employment which stated AU$67,000. The Tribunal concluded that the tasks of the position were consistent with ANZSCO, and the nominee's qualifications and experience were commensurate.

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