Tone The Tiler Sydney Wide Pty Limited (Migration)

The Administrative Appeals Tribunal considered an application by Tone The Tiler Sydney Wide Pty Limited for approval of a nomination for a position as a Wall and Floor Tiler, to be filled by Mr Jorge Eduardo Diaz Chitiva, who was an applicant for a Subclass 482 visa. The dispute concerned whether the applicant met the criteria for approval of the nomination under the Migration Regulations 1994.

The Tribunal was required to determine if the applicant had made the nomination in accordance with the prescribed process, if there was any adverse information known to Immigration about the applicant or associated persons, if the nominator was a standard business sponsor, if any relevant debts had been paid, and if the nominated occupation corresponded to a specified occupation in the relevant legislative instrument and was applicable to the nominee. The Tribunal also considered whether the nominated position was genuine and full-time, and whether specific requirements for existing visa holders applied.

The Tribunal's reasoning focused on assessing each of the relevant regulatory criteria. It found that the nomination was lodged on the approved form with the necessary declarations, fee, and certifications, satisfying regulation 2.72(3). No adverse information was presented, meeting regulation 2.72(4). The applicant provided proof of being an approved standard business sponsor, satisfying regulation 2.72(5), and there was no evidence of outstanding debts under section 140ZO, fulfilling regulation 2.72(5A). The Tribunal noted that specific requirements for existing Subclass 457 or 482 visa holders did not apply as the nominee was not currently holding such a visa. Furthermore, the nominated occupation of Wall and Floor Tiler (ANZCSO 333411) was found to be listed in the relevant legislative instrument (LIN 19/048) and applicable to the nominee, satisfying regulation 2.72(8).

Consequently, the Tribunal concluded that the applicant met all applicable criteria for the nomination to be approved. The decision under review, which had not approved the nomination, was set aside, and a substituted decision approving the nomination was made.