1 LIGHT INVESTMENTS PTY LTD (Migration)

The Administrative Appeals Tribunal (Cth) considered an application by 1 LIGHT INVESTMENTS PTY LTD concerning the approval of a nomination for a visa. The core of the dispute was whether the nominated position was genuine and whether the applicant had provided sufficient information to satisfy the relevant criteria under the Migration Regulations 1994.

The Tribunal was required to determine if the applicant met the criteria for approval of the nomination, specifically whether the nominated position was genuine and full-time, as stipulated by regulation 2.72(10) of the Migration Regulations 1994. This involved assessing the nominated occupation against the actual position and considering the applicant's compliance with information requests.

The Tribunal reasoned that regulation 2.72(10)(a) requires the nominated position to be genuine, a requirement that necessitates a qualitative assessment of the position and its comparison with the nominated occupation, as supported by case law. Furthermore, regulation 2.72(10)(b) mandates that the position be full-time unless this requirement can be reasonably disregarded. The Tribunal noted that the applicant had failed to provide requested information during the review process, rendering the original documentation from 2020 unreliable and insufficient for a proper assessment. Consequently, the Tribunal was not satisfied that the applicant had demonstrated the genuineness of the nominated position, leading to the conclusion that the criteria under regulation 2.72(10) were not met.

The Tribunal affirmed the decision not to approve the nomination.