Synergy Access Solutions Pty Ltd (Migration)

This matter concerned an application by Synergy Access Solutions Pty Ltd for the approval of a nominated position for a Subclass 457 (Temporary Work (Skilled)) visa applicant. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination under the Migration Regulations 1994.

The Tribunal considered various regulatory requirements, including whether the nomination was made in accordance with the prescribed process, if the nominator was a standard business sponsor, and if the nominee was correctly identified. It also examined specific criteria relating to the nominated occupation, the absence of adverse information, and the terms and conditions of employment. A key consideration was whether the nominated occupation and its ANZSCO code corresponded to a specified occupation in the relevant instrument, and whether any caveats applied, particularly concerning the nominee's previous employment in a similar role with a competitor.

The Tribunal found that Synergy Access Solutions Pty Ltd had complied with the procedural requirements for making the nomination and was an approved standard business sponsor. It was satisfied that the nominee was correctly identified and that the nominated occupation, Contract Administrator, corresponded to the relevant ANZSCO code. Crucially, the Tribunal determined that a caveat related to previous employment did not apply because the nominee possessed more than two years of relevant work experience in the same or a similar occupation, having previously been sponsored for the same role. The Tribunal also found no adverse information known to Immigration and that the terms and conditions of employment were satisfactory.

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