SCORVOLINO PTY LTD (Migration)

This matter concerned an application by SCORVOLINO PTY LTD for approval of a nominated position under migration law. The dispute arose when the nomination was refused, and the applicant sought review of this decision. The case was heard by Karen Synon, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had met the criteria for the approval of the nominated position, specifically concerning the identification of the nominee. The Tribunal was required to determine if Regulation 2.72(5) of the Migration Regulations 1994, which mandates the identification of the visa holder or applicant who will work in the nominated occupation, had been satisfied. This involved considering whether the nominee identified at the time of lodging the application for approval of the nomination was the same individual intended to work in the role at the time of decision.

The Tribunal reasoned that Regulation 2.72(5) requires the decision-maker to be satisfied that the sponsor has identified the specific individual who will work in the nominated occupation, and that this identification must relate to the nominee as named when the application was initially lodged. The Tribunal found support for this interpretation in the wording of Regulation 2.73, which refers to "the nomination" as an internet-based application, and in departmental policy which states that if a change of nominee is required, a new nomination application must be lodged. The Tribunal concluded that the applicant had not satisfied this criterion.

Accordingly, the Tribunal affirmed the decision under review to refuse the nomination.