B & L ARMANINI INVESTMENTS PTY LTD (Migration)

This matter concerned an application by B & L ARMANINI INVESTMENTS PTY LTD (the Company) for approval of a nomination for a position as an Accommodation and Hospitality Manager. The Tribunal, presided over by Member Katie Malyon, was required to determine whether the Company met the criteria for approval of the nomination under the Migration Regulations 1994. The delegate had refused the nomination, finding that the majority of tasks the nominee, Mr Vainaru, was likely to perform, or the skill and responsibility level required, were not commensurate with the nominated occupation.

The primary legal issues before the Tribunal were whether the nominated position was genuine and full-time, as required by regulation 2.72(10) of the Regulations. The Tribunal also considered whether the nominee's tasks and the skill level of the position corresponded to the nominated occupation of Accommodation and Hospitality Manager nec ANZSCO 141999. The Tribunal had invited the Company to provide updated information addressing these criteria, but no response was received.

The Tribunal applied the principles established in *Cargo First Pty Ltd v MIBP* [2016] FCA 30, which affirmed a qualitative assessment of a nominated position to determine its genuineness. Regulation 2.72(10)(a) requires the position to be genuine, and regulation 2.72(10)(b) requires it to be full-time, unless this requirement can be reasonably disregarded. In this instance, the Tribunal was not satisfied that the Company had demonstrated the position was both genuine and full-time, nor that the tasks and skill level aligned with the nominated occupation.

Consequently, the Tribunal affirmed the delegate's decision to refuse the nomination. The Tribunal found that the Company had not met the applicable criteria for its nomination to be approved.