SATO VICINITY PTY LTD (Migration)

The Administrative Appeals Tribunal considered a migration matter involving SATO VICINITY PTY LTD, the applicant, and the Department of Home Affairs, concerning the approval of a nominated position for a Subclass 482 visa. The dispute centred on whether the nominated position of Supply and Distribution Manager met the relevant legislative criteria for approval.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied all the requirements prescribed by the Migration Regulations 1994 for the approval of a nomination. This involved assessing compliance with various regulations, including those pertaining to the nomination process, the applicant's status as a standard business sponsor, the absence of adverse information, and the suitability of the nominated occupation and nominee.

The Tribunal's reasoning focused on a detailed examination of each applicable regulation. It found that the nomination was made in accordance with the prescribed process, including the use of the approved form, payment of the training contribution charge, and correct identification of the occupation and nominee. The Tribunal was satisfied that there was no adverse information known to Immigration about the applicant or associated persons, that the applicant was a valid standard business sponsor, and that any debts had been paid. Crucially, the Tribunal noted that the nominee, Ms Kumi Jono, had not previously held a Subclass 457 or 482 visa, meaning certain specific requirements related to previous visa holders did not apply. The nominated occupation, Supply and Distribution Manager (ANZSCO 133611), was confirmed as a Short-term specified skilled occupation under the relevant instrument.

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