Think Talent Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a migration matter involving Think Talent Pty Ltd as the applicant and the delegate of the Minister for Immigration and Border Protection as the respondent. The dispute concerned the approval of a nomination for a Sales and Marketing Manager position under the standard business sponsor program. The Tribunal was tasked with determining whether the applicant met all the applicable criteria for the nomination to be approved.

The Tribunal was required to assess whether the nomination complied with various regulations, including the prescribed process for making a nomination, the status of the nominator as a standard business sponsor, the identification of the nominee, and the specific requirements for the nominated occupation. This involved examining whether the nomination was made correctly, if the applicant was an approved sponsor, and if the nominee was clearly identified. Furthermore, the Tribunal had to consider the information provided about the nominated occupation, including its name, ANZSCO code, and the location of employment, and whether it aligned with the requirements of relevant instruments, particularly concerning any "inapplicability conditions" associated with the occupation.

In its reasoning, the Tribunal found that the applicant had satisfied the procedural requirements for making the nomination, including using the approved online form and paying the associated fee. It confirmed that Think Talent Pty Ltd was a standard business sponsor with an active approval period. The Tribunal was satisfied that the nominee was correctly identified and that the nominated occupation, "Sales and Marketing Manager" (ANZSCO code 131112), met the criteria specified in instrument IMMI 17/060. Crucially, the Tribunal determined that the "inapplicability conditions" attached to this occupation, relating to salary, business turnover, and the nature of the work, did not apply based on the evidence provided, which included the employment contract, financial documents, and position description. The Tribunal also noted that no adverse information was known to Immigration concerning the applicant or associated persons.

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