The Trustee for The D Fransiscus Trust & The Trustee for The Opt Trust (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination for a visa. The parties involved were the Trustees for The D Fransiscus Trust and the Trustees for The Opt Trust, acting as the nominators, and the Department of Home Affairs, which had made the original decision to refuse the nomination. The dispute centred on whether the nomination met the relevant legislative criteria for approval.

The Tribunal was required to determine if the applicant, as a standard business sponsor, had complied with the requirements of Regulation 2.72 of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether the nomination process was correctly followed, if the nominator was a valid standard business sponsor, if the nominee was correctly identified, and if there was any adverse information known to Immigration concerning the applicant or associated persons. Furthermore, the Tribunal needed to ascertain if the nominated occupation, Computer Network and Systems Engineer, corresponded to an occupation specified in the relevant legislative instrument (IMMI 18/004) and if the tasks described for the position aligned with the ANZSCO definition for that occupation.

The Tribunal found that the nomination had been made in accordance with the prescribed process, including using the approved online form and identifying the nominee and the location of employment. It was satisfied that the nominator was a valid standard business sponsor with an approved sponsorship. Crucially, the Tribunal determined that there was no adverse information known to Immigration about the applicant or any associated person. The Tribunal also confirmed that the nominated occupation, Computer Network and Systems Engineer, was listed in IMMI 18/004 and that the duties outlined for the position corresponded to the ANZSCO description for that occupation.

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