Bo & Bo Gelato Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision to refuse to approve a nomination made by Bo & Bo Gelato Pty Ltd (the applicant) for a Subclass 457 visa. The nominated person, Mr Matteo Zini, was to work as a Corporate General Manager. The applicant sought to have the refusal decision set aside and a substituted decision approving the nomination.

The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination under s.140GB(2) and s.140GBA of the Migration Act 1958 and Regulation 2.72 of the Migration Regulations 1994. Specifically, the Tribunal considered whether the nomination complied with the prescribed process, whether the nominator was an approved standard business sponsor, whether the nominee was correctly identified, and whether there was any adverse information known to Immigration. A key issue was whether the nominated occupation of Corporate General Manager was applicable and if any inapplicability conditions, or 'caveats', attached to that occupation under instrument IMMI 17/060 were operative.

The Tribunal found that the applicant had met all the requirements of Regulation 2.72. It was satisfied that the nomination was made in accordance with the prescribed process, that the applicant was a standard business sponsor, and that Mr Zini was correctly identified as the visa applicant. No adverse information was presented. The Tribunal also considered the specific caveats for the Corporate General Manager occupation, which related to base salary and intra-corporate transfers. Evidence was presented regarding the applicant's business operations, including multiple gelato stores, significant turnover, and projected growth, along with Mr Zini's role as sole director and shareholder. The Tribunal concluded that the nominated position was genuine and that Mr Zini possessed the necessary qualifications and experience.

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