Ace Reo Pty Ltd (Migration)

This matter concerned an application for approval of a nomination for a position as a Network Administrator, brought by Ace Reo Pty Ltd. The Tribunal was required to determine whether 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 of the Migration Regulations 1994.

The Tribunal considered the details provided regarding the nominated position, including its responsibilities, main tasks, salary, and the nominee's employment contract and qualifications. The Tribunal was required to assess the genuineness of the position by qualitatively evaluating it against the nominated occupation, a process supported by case law such as *Cargo First Pty Ltd v MIBP* [2016] FCA 30. The Tribunal also had to determine if the position was full-time, unless there was a reasonable basis to disregard this requirement.

Ultimately, the Tribunal affirmed the decision to refuse the nomination. The reasoning indicated that the applicant had not provided sufficient updated or current information about the position or the nominee to satisfy the Tribunal that the criteria for approval were met. Consequently, the Tribunal was not satisfied that the applicable criteria for the nomination had been met, leading to the affirmation of the original decision.