MONEY BOX VENDING PTY LTD (Migration)

The Administrative Appeals Tribunal (AAT) considered the decision to refuse the nomination of Money Box Vending Pty Ltd. The dispute concerned whether the applicant met the criteria for approval of the nomination under the Migration Regulations 1994, specifically in relation to the identification of the visa holder who would work in the nominated occupation.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied the requirements of regulation 2.72(5) of the Migration Regulations 1994, which mandates that the nominator identify the visa holder, or the applicant or proposed applicant for the visa, who will work in the nominated occupation. This involved interpreting whether the identified person must be the same individual at the time of lodging the nomination application and when a decision is made on the nomination criteria.

The Tribunal reasoned that regulation 2.72(5), read in conjunction with other provisions such as regulation 2.73(2) and 2.73(4A)(a), requires the decision-maker to be satisfied that the person identified in the nomination application at its lodgement will indeed work in the nominated occupation. The Tribunal noted departmental policy, as outlined in the Procedures Advice Manual 3 (PAM3), which stated that there is no legislative provision allowing for amendment of this information and that if a change in the nominated person is necessary, a new nomination application must be lodged. Based on this interpretation and the evidence before it, the Tribunal was not satisfied that the applicant had met the requirements of regulation 2.72(5).

Consequently, the Tribunal affirmed the delegate's decision to refuse the nomination.