Perfect Contracting Pty Ltd (Migration)

This matter concerned an application by Perfect Contracting Pty Ltd for the approval of a nomination for a Subclass 482 visa, specifically for the occupation of Painting Trades Worker. The Administrative Appeals 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 Tribunal was tasked with assessing whether the nomination complied with the prescribed process under regulation 2.72(3), whether there was any adverse information known to Immigration under regulation 2.72(4), if the nominator was a standard business sponsor under regulation 2.72(5), if any debts had been paid under regulation 2.72(5A), if the nominated occupation corresponded to a specified occupation under regulation 2.72(8), and crucially, whether the nominated position was genuine and full-time under regulation 2.72(10).

The Tribunal found that the nomination met the procedural requirements of regulation 2.73. It was satisfied that no adverse information was known to Immigration, that Perfect Contracting was a standard business sponsor, and that no debts were owed under section 140ZO. The nominated occupation, Painting Trades Worker (332211), was correctly identified as a medium-term stream occupation. Critically, the Tribunal considered evidence provided by the applicant, including details of business growth, staff shortages, and the necessity of "make good" services following demolition work. It also noted that the nominee was a long-standing employee. Applying the principles from *Cargo First Pty Ltd v MIBP* [2016] FCA 30 regarding the qualitative assessment of a position's genuineness, the Tribunal concluded that the position was genuine and full-time.

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