Results Realty (QLD) Pty Ltd (Migration)

The Administrative Appeals Tribunal (Cth) considered an application by Results Realty (QLD) Pty Ltd concerning the approval of a nomination for a visa. The dispute centred on whether the nominated occupation, "Real Estate Representative" (ANZSCO Code 612115), met the requirements stipulated in the Migration Regulations 1994. The Tribunal was tasked with determining if the applicant had satisfied the criteria for the approval of the nomination, specifically in relation to the nominated occupation and its corresponding code.

The primary legal issue before the Tribunal was whether the nominated occupation and its 6-digit code corresponded to an occupation and code specified in instrument IMMI 17/060, as required by subclause 2.72(10)(aa) of the Migration Regulations 1994. This subclause mandates that for nominations made on or after 1 July 2010, the nominated occupation and its code must align with those specified in the relevant instrument, and the occupation must be applicable to the person identified in the nomination. The Tribunal also considered whether the applicant had provided sufficient information and evidence to satisfy this criterion, noting that the applicant had failed to respond to an invitation to provide contemporary evidence regarding the nominated occupation.

The Tribunal's reasoning focused on the explicit requirements of subclause 2.72(10)(aa). It found that the nominated occupation of "Real Estate Representative" (ANZSCO Code 612115) was not listed in instrument IMMI 17/060. The Tribunal also noted that the applicant had been given an opportunity to comment on this discrepancy by the Department but had not done so, and had also failed to provide requested contemporary evidence. Consequently, the Tribunal concluded that the applicant had not satisfied the requirements of subclause 2.72(10)(aa) and, therefore, did not meet the applicable criteria for the nomination to be approved.

The Tribunal affirmed the decision under review not to approve the nomination.