RH CHHABRA PTY. LTD (Migration)

The Administrative Appeals Tribunal considered an application by RH CHHABRA PTY. LTD concerning a decision to refuse a nomination. The core of the dispute revolved around whether the applicant met the criteria for the approval of the nomination under the Migration Regulations 1994.

The Tribunal was required to determine if the applicant satisfied the requirements of regulation 2.72, specifically subregulation 2.72(5), which mandates the identification of the visa holder, or applicant or proposed applicant for the visa, who will work in the nominated occupation. The Tribunal also considered the implications of section 140GBA of the Act for nominations made after 23 November 2013.

The Tribunal's reasoning focused on the interpretation of "identified in the nomination" within regulation 2.72(5). It concluded, in line with departmental policy and the structure of related regulations, that this requirement necessitates the decision maker being satisfied that the person identified at the time of lodging the nomination application is indeed the person who will work in the nominated occupation. The Tribunal found that the applicant had not met this criterion.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination, finding that the applicant did not satisfy regulation 2.72 overall.