YES FP PTY LTD (Migration)

This matter concerned an application for approval of a nomination for a Subclass 457 visa. The applicant nominated the occupation of 'Human Resources Adviser'. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination under the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the nominated occupation, 'Human Resources Adviser', and its corresponding 6-digit code, satisfied the requirements of subclause 2.72(10)(aa) of the Migration Regulations 1994. This subclause mandates that the nominated occupation and its code must correspond to an occupation and code specified in instrument IMMI 17/060, and that the occupation must be applicable to the person identified in the nomination in accordance with that instrument.

The Tribunal found that the nominated occupation of 'Human Resources Adviser' was not specified in either the Medium and Long-term Strategic Skills List or the Short-term Skilled Occupation List within instrument IMMI 17/060. Consequently, the Tribunal concluded that the requirements of subclause 2.72(10)(aa) were not met. As the applicant failed to satisfy this essential criterion for nomination approval, the Tribunal affirmed the decision to refuse the nomination.