TRAMONTINA AUSTRALIA PTY LTD (Migration)

This matter concerned an application by Tramontina Australia Pty Ltd for the approval of a nomination for a marketing coordinator position under the short-term stream of the Subclass 482 visa. The dispute arose because the Department of Immigration had not approved the nomination, leading to a review by the Tribunal. The Tribunal considered both oral and documentary evidence, including the operational requirements of the business, the specific job description for the nominated role, and the relationship with an external marketing agency, in addition to the nominee's qualifications and experience and labour market testing.

The primary legal issue before the Tribunal was whether the applicant, Tramontina Australia Pty Ltd, met the criteria for the approval of the nomination under section 140GB(2) of the Migration Act 1958 and regulation 2.72 of the Migration Regulations 1994. This involved determining if the nominated position was genuine, if the nominee's qualifications and experience were commensurate with the nominated occupation (Marketing Specialist, ANZSCO 225113), and if the nomination complied with the prescribed processes, including labour market testing and the provision of required documentation and certifications.

The Tribunal found that Tramontina Australia Pty Ltd had complied with all procedural requirements for the nomination, including using the approved form, paying the correct fees and charges, and identifying the nominee and relevant details of the proposed employment. Crucially, the Tribunal was satisfied that the tasks of the nominated position substantially aligned with the ANZSCO description for a Marketing Specialist, that the nominee possessed the requisite qualifications and experience, and that the position was genuine and located within the applicant's business. Consequently, the Tribunal set aside the decision not to approve the nomination and substituted a decision approving it.