Pro-Coatings Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a nomination application made by Pro-Coatings Pty Ltd for the occupation of Painting Trades Worker, with Mr Sebastian Melegari as the proposed visa applicant. The dispute concerned whether Pro-Coatings Pty Ltd met the criteria for approval of this nomination under the Migration Regulations 1994.

The Tribunal was required to determine if Pro-Coatings Pty Ltd, as the nominator, satisfied the various requirements stipulated in Regulation 2.72 of the Migration Regulations 1994. These included whether the nomination was made in accordance with the prescribed process, if Pro-Coatings Pty Ltd was a standard business sponsor, if the nominee was correctly identified, if there was any adverse information known to Immigration, and if the nominated occupation and its ANZSCO code corresponded to a specified occupation in the relevant instrument. Additionally, the Tribunal had to assess whether the terms and conditions of employment for the nominee would be no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work.

The Tribunal's reasoning focused on systematically assessing each criterion under Regulation 2.72 against the evidence provided. It found that Pro-Coatings Pty Ltd had complied with the nomination process, was a standard business sponsor, and had correctly identified the nominee. The Tribunal was satisfied that no adverse information was known and that the nominated occupation, Painting Trades Worker (ANZSCO: 332211), was specified in the relevant instrument (IMMI 17/060). Crucially, the Tribunal accepted that the terms and conditions of employment offered to Mr Melegari would be no less favourable than those for an equivalent Australian worker.

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