Sarhad Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination made by Sarhad Pty Ltd. The dispute centred on whether Sarhad Pty Ltd met the criteria for approving the nomination of a position for a visa application. The Tribunal was tasked with determining if the applicant satisfied the requirements of regulation 2.72 of the Migration Regulations 1994.

The legal issues before the Tribunal included whether there was any adverse information known to the Department about the applicant or associated persons, whether the nominator was a standard business sponsor, and if any debts under section 140ZO of the Migration Act 1958 had been paid. Additionally, the Tribunal had to consider whether the applicant had correctly listed family members of the nominee, if applicable, and crucially, whether the nominated occupation corresponded to an occupation specified in the relevant instrument and applied to the nominee in accordance with that instrument.

The Tribunal found that the applicant met all the requirements of regulation 2.72. It concluded that no adverse information was known to the Department, the applicant was an approved standard business sponsor, and there was no evidence of outstanding debts. The Tribunal also determined that the applicant had complied with the requirement to list family members, as no other family members held the relevant visas. Furthermore, the Tribunal was satisfied that the nominated occupation was specified in the relevant instrument and that the occupation applied to the nominee as required.

Consequently, the Tribunal set aside the original decision and substituted it with a decision approving the nomination.