Rafael's Painting & Maintenance Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Rafael's Painting & Maintenance Pty Ltd's nomination for a Painting Trades Worker position under the medium-term stream. The core dispute revolved around whether the nominated position met the relevant legislative criteria for approval.

The Tribunal was required to determine if Rafael's Painting & Maintenance Pty Ltd met the requirements for approving its nomination, specifically considering whether the nomination complied with the prescribed process, whether there was any adverse information known to Immigration, if the nominator was a standard business sponsor, and if any debts had been paid in full. Additionally, the Tribunal had to assess if the nominated occupation and its ANZSCO code corresponded to a specified occupation in the relevant instrument and if the position itself was genuine.

The Tribunal found that the nomination was made using the approved online form with the correct fee, and all necessary details, including the nominee's name, occupation code (ANZSCO 332211), and location, were provided. It also confirmed that Rafael's Painting & Maintenance Pty Ltd was a standard business sponsor with a valid sponsorship until October 2024 and that no adverse information was known to Immigration. The Tribunal was satisfied that the company had paid the applicable nomination training contribution charge, thus meeting the requirement regarding debt payment. Furthermore, the nominated occupation was specified in the relevant instrument, and the Tribunal was satisfied that the position was genuine.

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