Prabhu Enterprises Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision by the Department of Immigration to refuse the approval of a nomination for a position under the short-term stream. The applicant, Prabhu Enterprises Pty Ltd, sought to have the nomination approved, while the Department had refused it. The Tribunal, constituted by Member Angela Julian-Armitage, was tasked with determining whether the applicant met the criteria for approval of the nomination.

The primary legal issue before the Tribunal was whether Prabhu Enterprises Pty Ltd had satisfied the requirements of Regulation 2.72 of the Migration Regulations 1994 for the approval of a nomination. This involved assessing whether the nomination was made in accordance with the prescribed process under Regulation 2.73, whether there was any adverse information known to Immigration, whether the nominator was a standard business sponsor, and whether any debts under section 140ZO of the Act had been paid. Additionally, the Tribunal had to consider specific criteria relating to the nominated position, including whether it was genuine and full-time, and whether the nominated occupation corresponded to a specified occupation in the relevant instrument.

The Tribunal found that Prabhu Enterprises Pty Ltd had met all the applicable criteria for the nomination to be approved. It was satisfied that the nomination process outlined in Regulation 2.73 had been followed, that no adverse information was known to Immigration, and that the nominator was a standard business sponsor. Furthermore, the Tribunal determined that the nominated occupation and its code corresponded to those specified in the relevant instrument, and that the position itself was genuine and full-time. Having concluded that all requirements were met, the Tribunal set aside the original decision not to approve the nomination.

Consequently, the Tribunal substituted its own decision, approving the nomination.