1503554 (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision not to approve a nomination made by Eternal Design Pty Ltd. The tribunal was required to determine whether Eternal Design Pty Ltd met the criteria for approval of the nomination, specifically whether the nominated position was genuine as required by regulation 2.72(1)(f) of the Migration Regulations 1994.

The tribunal considered the requirements of section 140GB(2) of the Act and regulation 2.72, which stipulate that a nomination must be approved if applicable requirements are met. A key criterion is that the nominated position must be genuine. In this instance, Eternal Design Pty Ltd did not appear before the tribunal, nor did it provide any further information beyond the initial, generalised details submitted to the department. The tribunal found that there was insufficient detail regarding the nominated position, such as whether it was a pre-existing role or a newly created one, to ascertain its genuineness.

Consequently, the tribunal was unable to be satisfied that the position associated with the nominated occupation was genuine, meaning the requirements of regulation 2.72(1)(f) were not met. The tribunal affirmed the original decision not to approve the nomination.