MAE AUSTRALIA PTY LTD (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning MAE AUSTRALIA PTY LTD's application for approval of a nomination for a position. The applicant sought to nominate an Engineering Manager, Mario Lo Giudice, an Italian citizen with South African permanent residency, to work in Western Sydney. The core of the dispute revolved around whether the nominated position was genuine and met the various regulatory criteria for approval.

The Tribunal was required to determine if MAE AUSTRALIA PTY LTD satisfied the requirements of Regulation 2.72 of the Migration Regulations 1994. Specifically, this involved assessing whether the nomination was made in accordance with the prescribed process, if the nominator was an approved sponsor, if the nominee was correctly identified, and if the nominated occupation corresponded to a specified occupation and was applicable to the nominee. The Tribunal also had to consider whether there was any adverse information known to Immigration about the applicant or associated persons, and whether the terms and conditions of employment for the nominee would be no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work.

The Tribunal found that MAE AUSTRALIA PTY LTD had met all applicable criteria. It noted that the nomination was made using the approved form and fee, the nominee was identified, and the required certifications were provided. The nominator was a standard business sponsor, and the nominated occupation, Engineering Manager, was specified in the relevant instrument and applicable to the nominee. The Tribunal was satisfied that no adverse information was known to Immigration and that the terms and conditions of employment were appropriate. The Tribunal concluded that the position was genuine and not simply intended to facilitate a migration outcome, referencing the company's plans to transfer manufacturing operations from South Africa and grow its small business in Australia.

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