Barakah Housing Pty Ltd (Migration)

This matter concerned an appeal by Barakah Housing Pty Ltd against a decision to refuse the approval of a nominated position. The applicant, a property development business involved in land acquisition and subdivision, sought to nominate a Developer Programmer. The Tribunal was required to determine whether the criteria for the approval of the nomination were met under the Migration Regulations 1994.

The central legal issue was whether the nominated position was genuine and whether the nominator met the requirements of regulation 2.72 of the Migration Regulations 1994. This involved assessing the size and nature of the business, its financial performance, and the justification for a full-time Developer Programmer role in light of its project history and future plans. The Tribunal also considered the applicant's previous nominations and the occupations for which nominees had been approved.

The Tribunal affirmed the decision to refuse the nomination. It found that the business, despite claiming an annual turnover of $18 million, had significantly lower financial statements for the relevant periods. Furthermore, the Tribunal concluded that the business's limited project history, with only two projects completed and a small number of future developments, did not warrant a full-time Developer Programmer position. The Tribunal was not satisfied that the nominated position was genuine, nor that the applicant met the applicable criteria for the nomination to be approved.