Roofs Above & Beyond Group Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a review application by Roofs Above & Beyond Group Pty Ltd concerning the approval of a nomination for the occupation of Roof Tiler. The applicant sought to nominate Mr Joshua Kama for this position. The Tribunal heard evidence from Mr Matthew Garratt, a director of the applicant, and from Mr Kama himself.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the approval of the nomination, specifically in relation to the requirements of regulation 2.72 of the Migration Regulations 1994. This involved assessing whether the applicant was an approved sponsor, had complied with the nomination process, and had met other relevant legislative requirements. The Tribunal also considered evidence regarding the applicant's business operations, recruitment efforts, and the genuineness of the nominated position.

The Tribunal reasoned that the applicant had satisfied the formal requirements for the nomination, including using the approved form and paying the associated fee. It also found that the applicant had nominated an occupation under section 140GB(1)(b) of the Migration Act 1958 and identified a Subclass 457 visa applicant for that role. The Tribunal noted the nominated occupation, Roof Tiler (ANZSCO code 333311), and the proposed work locations. Based on the evidence presented, the Tribunal concluded that the applicant met the criteria for approval.

Consequently, the Tribunal decided to set aside the original decision under review and substitute it with a decision approving the nomination.