AKSHAJ TRADING (Migration)

The Administrative Appeals Tribunal considered a decision to refuse a nomination under the Direct Entry Nomination stream. The applicant, Akshaj Trading, sought to have the nomination approved, but the delegate had refused it on the basis that the nominated position did not correspond to a specified occupation. The Tribunal was tasked with determining whether the nominated position met the requirements of the Migration Regulations 1994, specifically regulation 5.19(4)(h).

The primary legal issue before the Tribunal was whether the tasks of the nominated position corresponded to the tasks of an occupation specified in the relevant instrument, as required by regulation 5.19(4)(h)(i)(A) or 5.19(4)(h)(ii)(D). The Tribunal also considered whether the applicant had provided sufficient information to satisfy the Tribunal that the criteria were met at the time of its decision.

The Tribunal reasoned that it had invited the applicant to provide updated information regarding the nominated position's roles and duties and how they aligned with the relevant occupation's position description. Despite this invitation, the applicant failed to respond or provide any further information. Consequently, the Tribunal was unable to be satisfied that the tasks of the nominated position corresponded to those of a specified occupation, nor could it be satisfied that the alternative requirements under regulation 5.19(4)(h)(i)(A) were met. As the applicant did not satisfy the requirements of regulation 5.19(4)(h), and had not sought to satisfy the criteria under the Temporary Residence Transition Nomination stream, the nomination could not be approved.

The Tribunal affirmed the decision under review to refuse the nomination.