Opus Recruitment Solutions Australia Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination lodged by Opus Recruitment Solutions Australia Pty Ltd for a Subclass 457 visa. The applicant sought to have the decision not to approve the nomination set aside and substituted with a decision approving the nomination. The Tribunal considered the material before it, which included significantly more information than was available to the original delegate.

The primary legal issue before the Tribunal was whether Opus Recruitment Solutions Australia Pty Ltd met all the criteria for the approval of its nomination under the Migration Regulations 1994. This involved assessing compliance with various regulations, including those pertaining to the nomination process, the nominator's status as a standard business sponsor, the identification of the nominee, the absence of adverse information, and the specified occupation requirements, including any applicable inapplicability conditions or caveats.

The Tribunal found that Opus Recruitment Solutions Australia Pty Ltd had complied with the prescribed nomination process, was an approved standard business sponsor at the time of the nomination, and had correctly identified the nominee, Sean Mitchell. Crucially, the Tribunal determined that the nominated occupation, Recruitment Consultant (ANZSCO 223112), was listed in the relevant instrument, IMMI 17/060. It also addressed the inapplicability conditions associated with this occupation, specifically concerning the nominated base salary. The Tribunal was satisfied that the contract of employment and subsequent variation letters demonstrated that Mr Mitchell's basic salary met and exceeded the AUD65,000 threshold, thereby satisfying this condition. Furthermore, the Tribunal found no adverse information known to Immigration concerning the company or its associated persons, and that all other regulatory requirements were met.

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