Quinn Interiors Pty Ltd (Migration)

This matter concerned an application by Quinn Interiors Pty Ltd for the approval of a nomination for a Painting Trades Worker position under the Subclass 457 Temporary Work (Skilled) stream. The applicant, a painting and decorating business operating for four years, had lodged the nomination on 28 February 2018. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination as stipulated in regulation 2.72 of the Migration Regulations 1994 and section 140GB of the Act.

The legal issues before the Tribunal included whether the nominated occupation, Painting Trades Worker (ANZSCO 332211), corresponded to an occupation specified in the relevant legislative instrument (IMMI 18/004), whether the tasks of the position were consistent with the nominated occupation, and whether the applicant was a standard business sponsor. The Tribunal also considered whether there was any adverse information known to Immigration concerning the applicant or associated persons, and whether the nominee's salary and terms of employment were no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work.

The Tribunal's reasoning focused on assessing each criterion under regulation 2.72. It found that the applicant had correctly nominated the occupation and its ANZSCO code, which was listed on the Medium and Long Term Strategic Skill List. Evidence provided by the applicant's director confirmed that the tasks undertaken by the nominee, a supervising painter, were consistent with the requirements of a Painting Trades Worker. The Tribunal was satisfied that the applicant was a standard business sponsor and that no adverse information was known. Furthermore, the Tribunal was satisfied that the nominee's salary and employment conditions met the legislative requirements, and that the business had doubled its workforce in three years, exempting it from labour market testing requirements.

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