Sydney Timber Floor Specialists Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) reviewed a decision concerning the nomination of an occupation for a Subclass 482 visa. The applicant, Sydney Timber Floor Specialists Pty Ltd, sought approval for a nomination for the occupation of Joiner (ANZSCO 331213) under the medium-term stream. The delegate had refused to approve the nomination, and the applicant sought review of this decision.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the approval of the nomination, as prescribed by section 140GB(2) of the Act and regulation 2.72 of the Migration Regulations 1994. This involved assessing whether the applicant was an approved work sponsor, had paid the relevant charges, met labour market testing requirements, and whether the nomination complied with the prescribed process, including the genuineness of the position and its applicability to the nominee. The Tribunal also considered whether there was any adverse information known to Immigration concerning the applicant or associated persons, and whether the nominator was a standard business sponsor.

The Tribunal found that the applicant had complied with the nomination process, including identifying the occupation and nominee correctly and paying the required fees and charges. It was satisfied that there was no adverse information known to Immigration and that the applicant was an approved standard business sponsor with no outstanding debts under section 140ZO. Crucially, the Tribunal determined that the nominated occupation, Joiner (ANZSCO 331213), was specified in the relevant legislative instrument and that the occupation applied to the nominee, who had relevant training and experience in the construction industry. The Tribunal also noted that certain criteria, such as those relating to existing Subclass 457 or 482 visa holders, did not apply in this case.

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