APEX Protection Group Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by APEX Protection Group Pty Ltd concerning the refusal of a nomination for a Subclass 457 visa. The dispute centred on whether the nominated position of "dog handler" was genuine and whether the applicant had met the necessary criteria for sponsorship approval. The AAT was tasked with reviewing the Department of Immigration's decision to refuse the nomination.

The primary legal issue before the Tribunal was whether APEX Protection Group Pty Ltd had satisfied the requirements of Regulation 2.72 of the Migration Regulations 1994, specifically subregulation (10)(f), which mandates that the nominated position must be genuine. This required the Tribunal to assess the evidence provided by the applicant to substantiate claims of business expansion, ongoing contracts, and the capacity to pay the nominated salary.

The Tribunal found that APEX Protection Group Pty Ltd had failed to provide sufficient evidence to demonstrate that the nominated position was genuine. Despite being aware of the Department's concerns, the applicant did not submit corroborating documentation for claimed contracts, current financial statements, or details regarding current staffing levels. The Tribunal noted the absence of information demonstrating the business's capacity to pay the nominated salary and concluded that the claims of business expansion were unsubstantiated. Consequently, the Tribunal was not satisfied that the criteria under Regulation 2.72(10)(f) had been met.

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