Aus Build- Tech Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered a review application by Aus Build-Tech Pty Ltd concerning a Temporary Skill Shortage (Class GK) visa, subclass 482, Medium-Term stream. The applicant, an approved sponsor in the construction industry, sought to employ a nominee as a Production or Plant Engineer. The core of the dispute revolved around whether the nominated position was genuine and if the nominee possessed the necessary qualifications and experience to perform the role, particularly in light of the cessation of the sponsorship agreement and the approved nomination.

The Tribunal was required to determine if the applicant met the requirements for the nominated occupation under clause 482 of Schedule 2 to the Migration Regulations. Specifically, the Tribunal had to assess whether the sponsorship agreement and nomination were still valid, and crucially, whether the nominee's intention to perform the nominated occupation was genuine and if the position itself was genuine. This involved examining the evidence provided regarding the nominee's qualifications and the applicant's stated business intentions.

The Tribunal found that while the sponsorship agreement and nomination had ceased, the visa review could continue as per regulation 2.75(2)(b) because the nominee's visa application had not been finally determined. However, the Tribunal was not satisfied that the nominated position was genuine. Despite the nominee's extensive experience in the oil industry, the applicant failed to provide sufficient evidence demonstrating what the nominee would be managing as a production plant engineer. The applicant's submissions focused heavily on the director's past experience in the oil and gas sector and the nominee's general experience, but did not clearly link this to the specific requirements of the nominated occupation within the applicant's current business operations.

Consequently, the Tribunal affirmed the decision not to grant the visa to the primary applicant. The Tribunal also noted that it had no jurisdiction concerning the family members named in the application, as they were not proceeding with their applications and no combined or separate applications had been made for them.