Simba Pty Ltd ATF Simba Unit Trust (Migration)

The Administrative Appeals Tribunal considered a dispute concerning the approval of a nomination for a visa. The applicant, Simba Pty Ltd ATF Simba Unit Trust, sought to have its nomination for the Medium-term stream, specifically for the occupation of Accountant (General), approved. The decision under review had not approved this nomination.

The Tribunal was required to determine whether the applicant met the criteria for the approval of the nomination under Regulation 2.72 of the Migration Regulations 1994. This involved assessing whether the nomination was made in accordance with the prescribed process, whether there was any adverse information known to Immigration, if the nominator was a standard business sponsor, if any nomination training contribution charge debt had been paid, and if the nominated occupation was specified in the relevant instrument. The Tribunal also considered whether the position associated with the nominated occupation was genuine and full-time, and whether labour market testing requirements under section 140GBA of the Act were applicable and met.

The Tribunal reasoned that the applicant had provided sufficient evidence to satisfy the requirements of Regulation 2.72. It found no adverse information known to Immigration, confirmed the applicant was a standard business sponsor, and noted no outstanding debts under section 140ZO. Crucially, the Tribunal determined that the labour market testing requirements in section 140GBA were not applicable in this instance because the nominator was a standard business sponsor. Furthermore, the nominated occupation of Accountant (General) was found to be specified in the relevant instrument, and the position was considered genuine and full-time.

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