Ultimate Investments 2012 Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination for a Subclass 457 visa. The applicant, Ultimate Investments 2012 Pty Ltd, sought to have its nomination for the occupation of Contract Administrator approved. The core of the dispute revolved around whether the applicant met the various criteria stipulated in the Migration Regulations 1994 for the approval of such a nomination.

The Tribunal was required to determine if the applicant satisfied the requirements of Regulation 2.72 of the Migration Regulations 1994. Specifically, this involved assessing whether the nomination process was correctly followed, if the applicant was an approved standard business sponsor, if the nominee was properly identified, if there was any adverse information known to Immigration, and if the nominated occupation corresponded to a specified occupation in the relevant instrument. Furthermore, the Tribunal had to consider whether the terms and conditions of employment for the nominee were no less favourable than those offered to an Australian citizen or permanent resident performing equivalent work.

The Tribunal found that the applicant had complied with the prescribed nomination process, including using the approved form and fee, and correctly identifying the nominee, Mr Matthew Adam. It was satisfied that the applicant was a standard business sponsor, that Mr Adam was identified as the proposed visa applicant, and that no adverse information was known to Immigration. The nominated occupation of Contract Administrator was found to correspond to an occupation listed in the relevant instrument, and the Tribunal was satisfied that the terms and conditions of employment offered to Mr Adam were not less favourable than those for an equivalent Australian worker.

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