SHINE MOTOR CORPORATION PTY LTD (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination for a Subclass 482 visa. The applicant, Shine Motor Corporation Pty Ltd, sought to nominate Mr. Ali for the occupation of Corporate General Manager. The delegate of the Department of Home Affairs had refused to approve the nomination, and the applicant sought review of this decision by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant, Shine Motor Corporation Pty Ltd, met all the criteria prescribed by the Migration Regulations 1994 for the approval of a nomination for a Subclass 482 visa in the Medium-term stream. Specifically, the Tribunal had to consider whether the nominated position was genuine and full-time, and whether the applicant had complied with all procedural and substantive requirements of the regulations, including the absence of adverse information and the status of the nominator as a standard business sponsor.

The Tribunal's reasoning focused on assessing the evidence presented, particularly the oral evidence given at the hearing, which was not available to the original delegate. The Tribunal found that the applicant was a standard business sponsor and had met its obligations regarding the payment of any debts. Crucially, the Tribunal was satisfied, based on the evidence including oral testimony, that the nominated position of Corporate General Manager was genuine and full-time, and that no adverse information was known to Immigration concerning the applicant or associated persons. The Tribunal also confirmed that the nominated occupation, Corporate General Manager (ANZSCO 111211), was specified in the relevant legislative instrument.

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