Shardae PTY LTD (Migration)

The case of Shardae PTY LTD (Migration) concerned a review of a decision not to approve a nomination for a Subclass 482 visa. The applicant, Shardae PTY LTD, sought to nominate Mr Christopher Nyman for the occupation of Vehicle Trimmer under the Short-term stream. The Tribunal was required to determine whether the applicant met the criteria for the approval of this nomination, as stipulated by the Migration Regulations 1994.

The central legal issue was whether the nomination complied with the various requirements set out in the Migration Regulations 1994, specifically Regulation 2.72, which outlines the criteria for the approval of nominations for Subclass 457 and Subclass 482 visas. This involved assessing whether the nomination was made in accordance 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. Furthermore, the Tribunal had to consider specific requirements related to the nominated occupation, its correspondence with the relevant skilled occupation lists, and whether the position was genuine and full-time.

The Tribunal found that the applicant met all the applicable criteria for the nomination to be approved. It was satisfied that the nomination was made using the approved form and fee, that the nominated occupation of Vehicle Trimmer (ANZSCO code 324212) corresponded to an occupation specified in the relevant instrument (IMMI 18/048) and applied to the nominee, and that the applicant was an approved standard business sponsor. The Tribunal also noted that certain regulations, such as those concerning family members of visa holders or language test requirements, did not apply as the nominee was not a current Subclass 457 or 482 visa holder. Having reviewed the evidence and the relevant regulations, the Tribunal concluded that the applicant had satisfied all necessary requirements.

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