NEW PROTOTYPE PTY LTD (Migration)

The Administrative Appeals Tribunal considered a migration matter involving NEW PROTOTYPE PTY LTD, the applicant, and the Department of Home Affairs (implied). The dispute concerned the approval of a nominated position for a Customer Service Manager.

The Tribunal was required to determine whether the applicant met the various criteria for the approval of the nomination under Regulation 2.72 of the Migration Regulations 1994. Specifically, the Tribunal had to assess compliance with requirements relating to the prescribed nomination process, the nominator's status as a standard business sponsor, the identification of the nominee, the absence of adverse information, the correspondence of the nominated occupation with the relevant instrument, and the terms and conditions of employment.

The Tribunal reasoned that the applicant had complied with the prescribed nomination process, was a standard business sponsor, and had correctly identified the nominee. It found that no adverse information was known to Immigration concerning the applicant or associated persons, and that the nominated occupation and its code corresponded to the relevant instrument. Furthermore, the Tribunal determined that the terms and conditions of employment offered were not less favourable than those provided to Australian citizens or permanent residents performing equivalent work.

Consequently, the Tribunal decided to set aside the original decision and substitute it with a decision approving the nomination.