Tech Centa Central Coast Pty Ltd (Migration)

This matter concerned a review of a decision by the Department of Immigration and Border Protection not to approve a nomination made by Tech Centa Central Coast Pty Ltd. The nomination was in relation to a Subclass 457 visa applicant who, it was found, did not hold, and was unable to be granted, the type of visa required to work in the nominated occupation. The Administrative Appeals Tribunal (AAT) attempted to contact the applicant for a response but received none.

The primary legal issue before the Tribunal was whether the nomination met the criteria for approval as set out in regulation 2.72 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the nominated person was able to hold the required visa and if the nomination otherwise satisfied the various requirements concerning the nominated occupation, the applicant's qualifications, and employment terms.

The Tribunal's reasoning focused on the failure of the nominated person to meet the visa requirements, which is a fundamental criterion for the approval of a nomination under the Migration Regulations. The Tribunal noted that it had made attempts to contact the applicant to allow them to address this issue, but no response was received. In the absence of evidence demonstrating that the nominated person could obtain the necessary visa to work in the nominated occupation, the Tribunal concluded that the criteria for approval of the nomination were not satisfied.

Consequently, the Tribunal affirmed the decision of the Department not to approve the nomination.