Wealth Global Pty Ltd (Migration)

This matter concerned an application by Wealth Global Pty Ltd for approval of a nomination for the position of Sales and Marketing Manager under the Direct Entry nomination stream. The applicant, an Australian wine exporting business, sought to nominate an individual for a position with a base salary of $185,000 per annum. The Administrative Appeals Tribunal was required to determine whether the applicant met all the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of regulation 5.19(4)(f), which mandates that either there is no adverse information known to Immigration about the nominator or a person associated with the nominator, or it is reasonable to disregard any such adverse information. The Tribunal also considered whether the nominated position was genuine and justified for the business, and whether the business was actively and lawfully operating.

The Tribunal's reasoning focused on adverse information that had come to the Department's attention following an unscheduled site inspection of the applicant's business premises. This information raised concerns about the business's active trading status, allegations of payments for visa claims for a previous sponsored employee, and the genuineness of the nominated position, particularly in light of the high salary offered which could exempt the nominee from skills and English requirements. The Tribunal noted that while it had invited the applicant to comment on this adverse information, there was no information before it at the time of the hearing to suggest it was reasonable to disregard this adverse material. Consequently, the Tribunal was not satisfied that the applicant met the requirements of regulation 5.19(4)(f).

As the Tribunal was not satisfied that the applicant met all the requirements of regulation 5.19(4), it affirmed the decision under review to refuse the nomination.