Silvans Services Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Silvans Services Pty Ltd's nomination for a Facilities Manager position. The core dispute revolved around whether Silvans Services met the criteria for approving this nomination under the Migration Regulations 1994. The Tribunal, constituted by Karen Synon, was tasked with determining the validity of the nomination.

The legal issues before the Tribunal included whether the applicant, Silvans Services Pty Ltd, had complied with the prescribed nomination process, was an approved sponsor, and had met the specific requirements outlined in regulation 2.72. This encompassed considerations such as the identification of the nominee, the provision of information about the nominated occupation, and crucially, the handling of adverse information known to Immigration. The Tribunal also had to assess whether the nominated occupation, 'Facilities Manager' (ANZSCO code 149913), was applicable under the relevant instruments, particularly given the 'Inapplicability condition' introduced on 19 April 2017 and 1 July 2017.

The Tribunal's reasoning focused on a detailed examination of each criterion in regulation 2.72. It found that Silvans Services had satisfied the procedural requirements, including the use of the approved form and fee, and the identification of the nominee and location. Importantly, regarding adverse information, the Tribunal acknowledged a 375A certificate but, following the principles in *MIBP v Singh* [2016] FCAFC 83, disclosed a summary of the information to the applicant and considered their response. The Tribunal concluded that it was reasonable to disregard this adverse information, which related to allegations of illegal employment. Furthermore, the Tribunal determined that the nominated occupation and its ANZSCO code corresponded to specified instruments and that the nominee's qualifications were commensurate with the occupation's requirements.

Ultimately, the Tribunal set aside the original decision not to approve the nomination. It substituted a new decision approving the nomination, finding that Silvans Services Pty Ltd had met all applicable criteria.