Real Pics Photography Pty Ltd (Migration)

This matter concerned an appeal by Real Pics Photography Pty Ltd against a decision to affirm the refusal to approve a nomination for a Subclass 457 visa. The nominee was a former director of the applicant company, who had resigned from his directorship only three days prior to the applicant's sponsorship application. At the time of the review, no related 457 visa application had been lodged.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the approval of a nomination under regulation 2.72 of the Migration Regulations 1994. Specifically, the Tribunal considered whether the nomination was made in good faith and whether the applicant was a genuine business seeking to employ the nominee in a genuine position.

The Tribunal found that the applicant had not met the applicable criteria for the nomination to be approved. It reasoned that the timing of the nomination, occurring so soon after the nominee's resignation as a director, raised concerns about the genuineness of the applicant's intention to sponsor the nominee for a Subclass 457 visa. The Tribunal concluded that it was not satisfied that the applicant had demonstrated it was a genuine business seeking to employ the nominee in a genuine position, and therefore the decision to refuse the nomination was affirmed.