Accurate Flooring Pty Ltd (Migration)

The Administrative Appeals Tribunal (Cth) reviewed a decision by the Minister not to approve a nomination for a skilled migration visa. The applicant, Accurate Flooring Pty Ltd, had nominated a Wall and Floor Tiler position under the medium-term stream. The core of the dispute concerned whether the nominated position met the legislative requirements for approval, specifically regarding its genuineness and full-time status.

The Tribunal was required to determine if the nominated position was genuine and a full-time position, as stipulated by regulation 2.72(10) of the Migration Regulations 1994. This involved assessing the nature of the applicant's business and comparing it with the nominated occupation, drawing on principles established in cases such as *Cargo First Pty Ltd v MIBP* [2016] FCA 30. The Tribunal also considered whether it was reasonable to disregard the full-time requirement, given the available evidence.

The Tribunal's reasoning focused on the lack of contemporary evidence regarding the applicant's current commercial activities, stemming from the applicant's failure to respond to an invitation for further information under section 359(2) of the Migration Act 1958. Consequently, the Tribunal was not satisfied that the nominee's position was still available or that the position was genuine, thus failing to meet regulation 2.72(10)(a). Furthermore, due to the absence of current evidence, the Tribunal could not be satisfied that the position was full-time or that it was reasonable to disregard this requirement, failing regulation 2.72(10)(b).

As the applicant failed to satisfy the requirements of regulation 2.72(10), the Tribunal found it unnecessary to consider other criteria. Accordingly, the Tribunal affirmed the decision under review not to approve the nomination.