AUDICUE PTY LTD (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by AUDICUE PTY LTD (the applicant) concerning a nomination for a visa. The dispute centred on whether the applicant had demonstrated a genuine need for the nominated position, a requirement under the Migration Regulations 1994. The decision was made by Member Amanda Mendes Da Costa.

The primary legal issue before the Tribunal was whether the applicant met the general requirements for approval of a nomination under reg 5.19(4) and the specific requirements for the Direct Entry stream under reg 5.19(9) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had satisfied the requirement of demonstrating a genuine need for the identified person to be employed in the nominated position, as stipulated by reg 5.19(9)(d).

The Tribunal found that the applicant had failed to provide any updated or current information regarding its business or the nominated position since the review application was lodged, which was approximately 38 months prior to the delegate's decision. Given this lack of current information, the Tribunal was not satisfied that the applicant had demonstrated a genuine need for the identified person to be employed as a Cook (ANZSCO 351411) under its direct control. As this requirement under reg 5.19(9)(d) was not met, the Tribunal concluded that reg 5.19(4)(f) was also not met.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination. The Tribunal determined that as one of the essential requirements of reg 5.19(4) had not been satisfied, it was not necessary to consider the remaining requirements. Therefore, pursuant to reg 5.19(3)(b), the nomination was refused.