Resource 2 Source Pty Ltd (Migration)

Resource 2 Source Pty Ltd sought review of a decision not to approve its nomination of a Contract Administrator position for a Subclass 482 visa in the Short-term stream. The applicant argued that the nominated position was genuine and that the nominee's duties were consistent with the size and scope of the business.

The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination under the Migration Regulations 1994, specifically focusing on whether the nomination was made in accordance with the prescribed process, whether there was any adverse information known to Immigration, whether the nominator was a standard business sponsor, and whether the nominated occupation was specified in the relevant legislative instrument and applicable to the nominee.

The Tribunal found that the applicant had lodged the nomination on the approved form, identified a Brisbane location, paid the prescribed fee and training contribution charge, and included the necessary certifications. It was satisfied that the applicant was a standard business sponsor and that the nominated occupation, Contract Administrator (ANZSCO 511111), was an approved occupation for the Subclass 482 visa in the Short-term stream, and that this occupation was applicable to the nominee. The Tribunal also noted the absence of adverse information and that the nominee was not a holder of a Subclass 457 or 482 visa, thus rendering certain regulatory requirements inapplicable.

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