Roxset Australia Pty Limited (Migration)

This matter concerned an application by Roxset Australia Pty Limited for approval of a nominated position for a Subclass 457 visa. The applicant sought to nominate Alexandru Iacob as a Wall and Floor Tiler. The Administrative Appeals Tribunal was required to determine whether the nominated position met the criteria for approval under the Migration Regulations 1994.

The Tribunal was tasked with assessing whether the nominated occupation, Wall and Floor Tiler, corresponded to a specified occupation and its ANZSCO code as per instrument IMMI17/060. It also needed to consider whether the terms and conditions of employment for the nominee would be no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work at the same location. Furthermore, the Tribunal had to be satisfied that the applicant had complied with the prescribed nomination process, including providing necessary certifications and that there was no adverse information known to Immigration about the applicant or associated persons.

The Tribunal's reasoning focused on a qualitative analysis of the duties and tasks of the nominee in the context of Roxset Australia's business, comparing them against the ANZSCO position description for a Wall and Floor Tiler. It found that the nominated occupation and its ANZSCO code were specified in the relevant instrument and that the nominee's duties were equivalent or substantially equivalent to those of the nominated occupation. The Tribunal was also satisfied that the applicant had met the procedural requirements, including the certification regarding contravention of s.245AR(1) of the Act, and that no adverse information was known.

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