Newcity Development (One) Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision by the Department of Immigration not to approve a nomination for a Subclass 482 visa. The applicant, Newcity Development (One) Pty Ltd, sought to nominate Mr. Zhixin Cao for the occupation of Chief Executive or Managing Director under the Medium-term stream. The delegate's original decision was based on a lack of satisfaction that the nominated position was genuine, as required by regulation 2.72(10)(a).

The Tribunal was required to determine whether Newcity Development (One) Pty Ltd met all the criteria for the approval of the nomination under regulation 2.72 of the Migration Regulations 1994. This involved assessing whether the nomination complied with the prescribed process, whether there was any adverse information known to Immigration, if the nominator was a standard business sponsor, if any debts had been paid, and if specific requirements related to existing visa holders were met. The Tribunal also had to consider whether the nominated occupation was specified in the relevant instrument and if the position associated with the nomination was genuine.

The Tribunal found that the applicant had complied with the prescribed nomination process, including using the approved form, paying the applicable charges, and providing necessary details about the nominee and the position. It was satisfied that there was no adverse information known to Immigration concerning the applicant or associated persons. The applicant was confirmed as an approved standard business sponsor, and there was no evidence of outstanding debts. Crucially, the Tribunal was satisfied that the nominated position of Chief Executive or Managing Director was genuine, addressing the primary concern of the original delegate.

Consequently, the Tribunal set aside the delegate's decision and substituted a decision approving the nomination.