Shiv Chahal Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination refusal for Shiv Chahal Pty Ltd. The applicant sought to have the nomination for a Cook (ANZSCO 351411) approved. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination under section 140GB(2) of the Act and Regulation 2.72 of the Migration Regulations 1994.

The Tribunal considered several regulatory requirements, including whether the nomination was made in accordance with the prescribed process, if the nominator was an approved sponsor, and if the nominee was correctly identified. It also assessed whether the nominated occupation corresponded to a specified occupation in the relevant instrument, considering the tasks described in ANZSCO and the evidence provided regarding the position and the nominee's role. Furthermore, the Tribunal examined the requirements concerning the terms and conditions of employment for the nominee and whether there was any adverse information known to Immigration about the applicant or associated persons.

The Tribunal found that the applicant had complied with the procedural requirements for making the nomination, including using the approved form and providing necessary details. It was satisfied that Shiv Chahal Pty Ltd was a standard business sponsor and that Mr Ajay Singh was correctly identified as the proposed visa applicant for the nominated occupation. Crucially, the Tribunal was satisfied, based on the credible evidence presented, that the tasks of the position were consistent with those of a cook and that the relevant occupation was specified in the applicable instrument. The Tribunal also found no adverse information and that the terms and conditions of employment met the regulatory standards.

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