MEDIOZ ENTERPRISES PTY LTD (Migration)

This matter concerned an application by Medioz Enterprises Pty Ltd for approval of a nomination for a Subclass 457 visa. The nominated occupation was "Wholesaler" (ANZSCO code 133312). The Administrative Appeals Tribunal was required to determine whether Medioz met the requirements of regulation 2.72(10)(aa) of the Migration Regulations 1994.

The primary legal issue was whether the nominated occupation of "Wholesaler" was specified in the relevant legislative instrument in force at the time the nomination was made and subsequently considered. This involved an examination of the applicable instruments, IMMI 15/092, IMMI 17/060, and IMMI 18/004, and how they applied to nominations made before and after specific legislative changes.

The Tribunal found that while the nominated occupation was listed in the Consolidated Skilled Occupation List (CSOL) under IMMI 15/092 when the nomination application was made on 1 February 2016, subsequent legislative changes meant that the occupation was no longer listed in the relevant instruments (IMMI 17/060 and IMMI 18/004) that applied to the nomination. Regulation 2.72(10)(aa) requires that the nominated occupation and its corresponding code correspond to an occupation and code specified by the Minister in an instrument in writing. Despite arguments that the application was a renewal and that the nominee had been working for Medioz since 2014, and that the law had changed after the application was lodged, the Tribunal noted that it was unable to change the law.

The Tribunal affirmed the decision not to approve the nomination, concluding that the nominated occupation of Wholesaler was not specified in the applicable legislative instrument in force at the time of the decision.