Valo Holiday Pty Ltd (Migration)

This matter concerned an application by Valo Holiday Pty Ltd for approval of a nomination for a Subclass 482 visa under the medium-term stream, with the nominated occupation being Accountant (General). The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination under section 140GB(2) of the Migration Act 1958 and regulation 2.72 of the Migration Regulations 1994.

The legal issues before the Tribunal were whether the nomination complied with the prescribed process under regulation 2.72(3), whether there was any adverse information known to Immigration about the applicant or an associated person under regulation 2.72(4), whether the applicant was a standard business sponsor under regulation 2.72(5), and whether any relevant debts had been paid under regulation 2.72(5A). The Tribunal also considered specific requirements relating to the nominee's visa status and the nominated occupation's correspondence with the relevant instrument.

The Tribunal found that the applicant had made the nomination in accordance with the process set out in regulation 2.73, including using the approved form, paying the applicable charges, and correctly identifying the nominee and occupation details. It was satisfied that no adverse information was known to Immigration, that the applicant was an approved standard business sponsor, and that no debts were owed under section 140ZO. Furthermore, as the nominee had not previously held a Subclass 457 or 482 visa, certain other criteria did not apply. The nominated occupation of Accountant (General) was found to correspond to the specified occupation in LIN 19/048.

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