LUCKY CURTAINS & BLINDS PTY LTD (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination refusal for Lucky Curtains & Blinds Pty Ltd. The company sought to nominate an upholsterer for a visa. The core of the dispute revolved around whether the nominated occupation met the relevant criteria under the Migration Regulations 1994 and whether the position itself was genuine.

The Tribunal was required to determine if the nominated occupation, Upholsterer (ANZSCO 393311), corresponded to a specified occupation in the relevant instrument, if the position was genuine, and if the terms and conditions of employment for the nominee would be no less favourable than those offered to an Australian citizen or permanent resident performing equivalent work. Additionally, the Tribunal considered whether there was any adverse information known to Immigration about the applicant or associated persons that could not be disregarded.

The Tribunal's reasoning focused on satisfying the requirements of Regulation 2.72. It found that the nominated occupation and its code were listed in the applicable instrument, IMMI 17/060, and that the instrument did not require written support from a specified organisation. The Tribunal was satisfied that no adverse information was known or that any known adverse information was reasonable to disregard. Furthermore, the Tribunal considered the evidence presented by the company's representative, including the nominee's skills and the company's intention to expand into upholstery, and concluded that the position was genuine and that the proposed terms and conditions of employment met the regulatory standards.

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