Sydney Waste Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Sydney Waste Pty Ltd's application for approval of a nomination for the occupation of Internal Auditor under the Temporary Skill Shortage (TSS) Subclass 482 visa program, Medium-term stream. The applicant sought to nominate Ms Ma Vaneza Suiza Ong for the position, with a nominated guaranteed earnings and market salary rate of $65,000 per annum. The Tribunal considered numerous submissions and evidence provided by the applicant, as well as the Department's file.

The primary legal issue before the Tribunal was whether Sydney Waste Pty Ltd met the criteria for the approval of its nomination, as stipulated by section 140GB(2) of the Migration Act 1958 and Regulation 2.72 of the Migration Regulations 1994. This involved assessing whether the applicant was an approved work sponsor, had complied with the nomination process outlined in Regulation 2.73, had paid any applicable training contribution charge, and met labour market testing requirements. The Tribunal also had to determine if there was any adverse information known to Immigration about the applicant or associated persons, and if the applicant was a standard business sponsor.

The Tribunal found that Sydney Waste Pty Ltd had complied with all procedural requirements of Regulation 2.73, including using the approved form, paying the required fee and training contribution charge, and correctly identifying the nominated occupation and nominee. It was satisfied that no adverse information was known to Immigration concerning the applicant or associated persons, and that the applicant was a valid standard business sponsor. Furthermore, the nominee, Ms Ong, had not previously held a Subclass 457 or 482 visa, meaning certain specific criteria related to existing visa holders did not apply. The Tribunal concluded that the nominated occupation, Internal Auditor (ANZSCO 221214), was listed in the relevant instrument (LIN 19/048) for the Medium and Long Term specified skilled occupation list.

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