The Trustee for Rogers Family Trust Chroma Painting And Decorating (Migration)

The Administrative Appeals Tribunal considered a dispute concerning the approval of a nomination for a Painting Trades Worker under the Medium-term stream of the Temporary Skill Shortage (TSS) visa program. The applicant, The Trustee for Rogers Family Trust, sought to have a decision not to approve their nomination set aside.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the approval of the nomination as prescribed by the Migration Regulations 1994, specifically Regulation 2.72. This involved assessing whether the applicant was an approved work sponsor, had complied with the nomination process, whether there was any adverse information known to Immigration, and if the nominated occupation was specified in the relevant legislative instrument.

The Tribunal's reasoning focused on systematically addressing each requirement of Regulation 2.72. It found that the applicant had provided extensive documentation, including financial statements, tax returns, and employment records, demonstrating compliance with the nomination process under Regulation 2.73. The Tribunal was satisfied that no adverse information was known to Immigration concerning the applicant or associated persons, and that the applicant was a standard business sponsor with no outstanding debts under section 140ZO of the Act. Furthermore, the nominated occupation, Painting Trades Worker (ANZSCO 332211), was correctly identified as a medium-term specified skilled occupation under the relevant instrument, IMMI 18/048, and was not subject to any occupational caveats.

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