Sae-Lao, Ruangdet (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning the approval of a nominated position for a Subclass 482 visa. The applicant sought to have the decision not to approve the nomination set aside.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the approval of the nomination, as stipulated by section 140GB(2) of the Migration Act 1958 and regulation 2.72 of the Migration Regulations 1994. This involved assessing whether the nomination complied with the prescribed process, whether there was any adverse information known to Immigration, whether the nominator was a standard business sponsor, and whether any debts had been paid. Additionally, the Tribunal considered whether the nominated occupation and position were genuine and full-time, and if the occupation was specified in the relevant instrument.

The Tribunal found that the applicant had complied with the procedural requirements of regulation 2.73, including using the approved form, paying applicable charges, and providing necessary certifications regarding the employment contract and the nominee's qualifications. It was satisfied that no adverse information was known to Immigration about the applicant or associated persons, and that the nominator was a standard business sponsor with an approved sponsorship agreement. The nominated occupation, "Cafe or Restaurant Manager - 141111," was identified as a specified occupation within the short-term stream, and the Tribunal was satisfied that the position was genuine, supported by extensive documentation including financial statements, BAS statements, an organisational chart, and details of the nomination and nominee's visa.

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