V.D.G. PTY LTD (Migration)

The Administrative Appeals Tribunal considered a dispute concerning the approval of a nomination for a Subclass 482 visa. The applicant, V.D.G. PTY LTD, sought to have a decision not to approve its nomination set aside. The nominated occupation was ICT Support Technicians nec (ANZSCO 313199) under the Short-term stream.

The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination as prescribed by the Migration Regulations 1994. Specifically, the Tribunal examined whether the nomination complied with the prescribed process, whether there was any adverse information known to Immigration, whether the nominator was a standard business sponsor, and whether any debts had been paid. The Tribunal also considered whether the nominated occupation and its code corresponded to specified occupations and whether the position was genuine and full-time.

The Tribunal found that the applicant had made the nomination in accordance with the approved online form and paid the correct fee, identifying the nominated occupation and the nominee. It was satisfied that no adverse information was known to Immigration regarding the applicant or associated persons. The applicant was confirmed as a standard business sponsor with a valid sponsorship until November 2023, and there was no evidence of outstanding debts under section 140ZO of the Act. The nominated occupation, ICT Support Technicians nec, was found to correspond to the relevant instrument, and the position was determined to be genuine and full-time. The Tribunal also noted that certain requirements, such as those relating to existing visa holders and language tests, did not apply as the nominee was not a current Subclass 457 or 482 visa holder.

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