SSDL Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a migration matter involving SSDL Pty Ltd as the nominator and Mr Ivan Bukumira as the nominee for the occupation of Computer Network and Systems Engineer. The dispute concerned the approval of SSDL Pty Ltd's nomination for a medium-term stream Subclass 482 visa. The core issue was whether the nomination met the prescribed criteria, particularly concerning labour market testing and other regulatory requirements.

The Tribunal was required to determine if SSDL Pty Ltd, as the nominator, had complied with the process set out in regulation 2.73 of the Migration Regulations 1994, whether there was any adverse information known to Immigration, if SSDL Pty Ltd was a standard business sponsor, and if any debts under section 140ZO of the Act had been paid. Additionally, the Tribunal had to ascertain if the nominated occupation corresponded to a specified occupation in the relevant instrument and if it applied to the nominee. The Tribunal also considered the remuneration offered, noting that it exceeded the Temporary Skilled Migration Income Threshold (TISMIT).

The Tribunal's reasoning focused on assessing each of the applicable criteria under regulation 2.72. It found that the nomination process was followed, no adverse information was presented, SSDL Pty Ltd was a standard business sponsor with an active sponsorship until May 2026, and no relevant debts were outstanding. The nominated occupation, Computer Network and Systems Engineer (ANZSCO 263111), was found to be specified in the relevant instrument (LIN 19/048) and applicable to the nominee. The Tribunal also noted that the nominee was not a holder of a Subclass 457 or 482 visa, thus certain specific requirements did not apply, and confirmed that the nominee met English language requirements.

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