Scan-Rent Australia Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning the approval of a nominated position by Scan-Rent Australia Pty Ltd (the applicant) for a Subclass 482 visa. The applicant sought to nominate John Harvey Arenas for the occupation of Civil Engineering Draftsperson.

The primary legal issue before the Tribunal was whether 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. 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, whether any debts had been paid, and crucially, whether the nominated position was genuine and full-time.

The Tribunal found that the applicant had complied with the procedural requirements of regulation 2.73, including using the approved form, paying the required fees and charges, and providing necessary certifications regarding the nominee's qualifications and the employment contract. It was satisfied that no adverse information was known to Immigration concerning the applicant or associated persons, and that the applicant was a standard business sponsor. The Tribunal also determined that the nominated occupation, Civil Engineering Draftsperson (312211), was a specified occupation in the medium-term stream and that the position was genuine and full-time, supported by documentary evidence including financial statements, company records, an organisational chart, a position description, and the nominee's skills assessment and employment contract.

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