Rose Valley Cheese Co. Pty Ltd ATF F & L Giura Family Trust (Migration)

The case of Rose Valley Cheese Co. Pty Ltd ATF F & L Giura Family Trust (Migration) concerned an application for the approval of a nomination for a visa. The applicant sought to nominate Jan Anne Groenendijk for the occupation of Facilities Manager under the Short-term stream. The core of the dispute revolved around whether the nominated occupation, as specified in the relevant instrument, was applicable to the nominee, particularly in light of a restriction concerning the work environment and the nature of the services managed.

The Tribunal was required to determine if the applicant met the criteria for approval of the nomination under section 140GB(2) of the Migration Act 1958 and regulation 2.72 of the Migration Regulations 1994. Specifically, the Tribunal had to assess 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. Crucially, the Tribunal also had to consider whether the nominated occupation, Facilities Manager (ANZSCO 149913), was applicable to the nominee in accordance with the instrument in force, which included a condition that the position not be located in a commercial building or shopping centre environment, nor predominantly involve managing the provision of only one particular service or relationship.

The Tribunal's reasoning focused on a detailed examination of each regulatory requirement. It found that the nomination process was correctly followed, no adverse information was known to Immigration, the applicant was a standard business sponsor, and no debts were outstanding. The Tribunal also confirmed that the nominee met the language requirements and that the position was genuine and full-time. Regarding the specific restriction on the Facilities Manager occupation, the Tribunal concluded that the position was not located in a commercial building or shopping centre and did not predominantly involve managing a single service or relationship, thereby satisfying the applicability condition.

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