TRUE CLEANING SERVICES PTY LTD (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination application made by True Cleaning Services Pty Ltd. The core of the dispute revolved around whether the nominated position of Customer Service Manager met the relevant criteria for approval under migration regulations.

The Tribunal was required to determine if the applicant, True Cleaning Services Pty Ltd, satisfied the requirements of regulation 2.72 of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether the applicant was an approved sponsor, had paid any applicable nomination training contribution charge, and met the conditions stipulated in section 140GBA of the Act. Further, the Tribunal needed to consider whether the nominated occupation was specified in the relevant instrument, if any inapplicability conditions applied, and if the terms and conditions of employment for the nominee were no less favourable than those offered to an Australian citizen or permanent resident in an equivalent role.

The Tribunal's reasoning focused on the evidence provided by the applicant in response to a request for information. It found that the applicant had provided the necessary certification regarding contravention of section 245AR(1) of the Act, and that there was no adverse information known to Immigration about the applicant or associated persons. The Tribunal also determined that the nominated occupation, Customer Service Manager (ANZSCO 149212), was specified in instrument IMMI 17/060 and was applicable to the nominee, as the position met the salary threshold, the business had sufficient employees, and the role was not in a front-line retail setting. The Tribunal concluded that the terms and conditions of employment were also satisfactory.

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