SK ONTIME PTY LTD (Migration)

The Administrative Appeals Tribunal considered an application by SK ONTIME PTY LTD for approval of a nomination for a carpenter position under the medium-term stream. The dispute centred on whether the nominated position was genuine and whether the applicant had met all the requirements for approval of the nomination under the Migration Regulations 1994 (Cth).

The Tribunal was required to determine if the nominated occupation and its code corresponded to a specified occupation in the relevant instrument, if the position was genuine and full-time, and if the labour market testing requirements had been met. Additionally, the Tribunal had to assess whether the nominator was a standard business sponsor and had paid any outstanding debts under section 140ZO of the Migration Act 1958 (Cth).

The Tribunal reasoned that the nominated occupation, Carpenter (331212), was listed in the relevant instrument. It applied the principles from *Cargo First Pty Ltd v MIBP* [2016] FCA 30 to qualitatively assess the genuineness of the position by comparing the nominated occupation with the tasks described, considering evidence including jobsite photos. The Tribunal found no adverse information known to the Department of Immigration, confirmed the nominator was a standard business sponsor, and found no outstanding debts under section 140ZO. The Tribunal also noted that specific requirements for existing Subclass 457 or 482 visa holders did not apply as the nominee was not such a holder.

The Tribunal decided to set aside the original decision and substitute it with a decision approving the nomination, finding that all applicable regulatory requirements had been met.