Supafin Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning the approval of a nomination for a Subclass 457 visa. The applicant, Supafin Pty Ltd, sought to nominate Mr. Manpreet Singh Sohi for the occupation of Facilities Manager (ANZSCO 149913). The core dispute revolved around whether Supafin Pty Ltd met the various regulatory criteria for the nomination to be approved.

The Tribunal was required to determine if Supafin Pty Ltd, as the nominator, satisfied the requirements of Regulation 2.72 of the Migration Regulations 1994. Specifically, this involved assessing whether the nomination was made in accordance with the prescribed process, if Supafin Pty Ltd was a standard business sponsor, if the nominee was correctly identified, and if the nominated occupation and its associated tasks corresponded to the relevant ANZSCO code and legislative instruments. Furthermore, the Tribunal had to consider whether the terms and conditions of employment for the nominee would be no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work, and if there was any adverse information known to Immigration concerning the applicant or associated persons.

The Tribunal's reasoning focused on a detailed examination of each relevant subregulation of Regulation 2.72. It found that the nomination was lodged correctly, Supafin Pty Ltd was a valid standard business sponsor, and the nominee was properly identified. The Tribunal was satisfied that the nominated occupation of Facilities Manager (ANZSCO 149913) corresponded to the specified occupation in the relevant legislative instrument (IMMI 18/004) and that the tasks of the position aligned with the ANZSCO description. Crucially, the Tribunal determined that the terms and conditions of employment offered to the nominee would be no less favourable than those for an equivalent Australian worker. No adverse information was presented that would preclude approval.

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