Total Transport Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Total Transport Pty Ltd's nomination of a Finance Manager position. The core dispute revolved around whether the nominated position met the requirements for approval under the relevant migration regulations.

The Tribunal was required to determine if Total Transport Pty Ltd, as an approved sponsor, had satisfied the criteria set out in Regulation 2.72 of the Migration Regulations 1994 for the approval of its nomination. This involved assessing whether the nomination was made in accordance with the prescribed process, whether the nominator was a standard business sponsor, and whether the nominated occupation and its associated tasks and requirements were genuine and aligned with the specified occupation codes and conditions.

The Tribunal found that Total Transport Pty Ltd had met all procedural requirements for making the nomination, including identifying the nominee and providing necessary details about the occupation and location. Crucially, the Tribunal considered the "inapplicability condition" attached to the Finance Manager occupation under instrument IMMI 17/060, which stipulated that the position must require a minimum of two years' relevant work experience. Based on the evidence, including the job description which required at least five years of relevant employment experience, the Tribunal was satisfied that this condition did not apply and that the nominated position was genuine. The Tribunal also confirmed that the terms and conditions of employment offered were no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work.

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