A List Stud Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination for a Subclass 482 visa. The applicant, A List Stud Pty Ltd, sought to nominate an individual for the occupation of Chief Executive or Managing Director. The core dispute revolved around whether the nomination met the prescribed criteria under the Migration Regulations 1994.

The Tribunal was required to determine if the applicant had made the nomination in accordance with the relevant regulations, if there was any adverse information known to Immigration about the applicant or associated persons, and if the nominator was a standard business sponsor. Further issues included whether any debts had been paid, if the nominated occupation and its code corresponded to specified instruments, and if the position itself was genuine and full-time. The Tribunal also had to consider specific conditions attached to the nominated occupation, such as guaranteed annual earnings or intra-company transfer requirements.

The Tribunal reasoned that the applicant had complied with the procedural requirements for making a nomination, including using the approved form, paying applicable charges, and identifying the nominee and occupation details. It found no adverse information known to Immigration and confirmed the applicant's status as a standard business sponsor with no outstanding debts under section 140ZO. Crucially, the Tribunal noted that the nominated wage of $190,000 exceeded the AUD180,000 guaranteed annual earnings threshold, satisfying the conditions for the Chief Executive or Managing Director occupation in the medium-term stream. The Tribunal also applied the principle from *Cargo First Pty Ltd v MIBP* [2016] FCA 30 to assess the genuineness of the position.

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