OZ W.G.D Pty Ltd (Migration)

The Administrative Appeals Tribunal (Cth) considered an application by OZ W.G.D Pty Ltd concerning the approval of an occupation nomination. The applicant sought review of a decision not to approve their nomination.

The central legal issue before the Tribunal was whether the applicant met the criteria for the approval of the nomination, specifically concerning the nominated occupation and its corresponding code. This required the Tribunal to determine if the nominated occupation, "Importer or Exporter (ANZSCO 133311)", was specified in the relevant legislative instrument, IMMI 17/060, as required by subclause 2.72(10)(aa) of the Migration Regulations 1994.

The Tribunal reasoned that subclause 2.72(10)(aa) mandates that a nominated occupation and its 6-digit code must correspond to an occupation and code specified in instrument IMMI 17/060, and that the occupation must be applicable to the person identified in the nomination. The Tribunal noted that the nominated occupation of "Importer or Exporter (ANZSCO 133311)" was not listed in the operative version of IMMI 17/060. The Tribunal had previously advised the applicant of this issue and provided an opportunity to withdraw the application, which the applicant did not do. Consequently, the Tribunal found that the requirements of subclause 2.72(10)(aa) were not met, and therefore, the overall criteria for approval of the nomination under regulation 2.72 were not satisfied.

The Tribunal affirmed the decision not to approve the nomination.