AAHAN LOGISTICS PTY LTD (Migration)

This matter concerned an application by Aahan Logistics Pty Ltd for approval of a nomination for a position, which was reviewed by the Administrative Appeals Tribunal. The core dispute revolved around whether the nominated position was genuine, as required by regulation 2.72(10)(f) of the Migration Regulations 1994. The Tribunal was tasked with determining if the applicant had provided sufficient information to satisfy this criterion and other applicable requirements for nomination approval.

The Tribunal was required to assess the genuineness of the nominated position, considering the applicant's financial capacity and the nature of the role. Specifically, the Tribunal needed to determine if the applicant's stated turnover could sustain the proposed salary for the nominee, and if the provided information adequately described the nominee's role and the purpose of the nomination. The applicant's failure to respond to the Tribunal's invitation to provide further information was a significant factor in this assessment.

The Tribunal applied the principles established in *Cargo First Pty Ltd v MIBP* [2016] FCA 30, which permits a qualitative assessment of the nominated position against the occupation nominated. In this instance, the Tribunal found that the applicant had not provided sufficient documentation, such as tax returns or BAS statements, to assess its financial status. The stated turnover of $92,872 was deemed insufficient to support a salary of $55,000 for the nominee, especially given the claim of nine other employees. Furthermore, the limited information regarding the nominee's specific duties prevented the Tribunal from assessing the purpose of the nomination. Consequently, the Tribunal was not satisfied that the position was genuine.

The Tribunal affirmed the decision not to approve the nomination.