Bostini Pty Ltd (Migration)

The Administrative Appeals Tribunal (Cth) considered a review of a decision to refuse a nomination for a position. The applicant, Bostini Pty Ltd, sought to nominate a Cook position. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination under the Migration Regulations 1994.

The primary legal issues before the Tribunal were whether the nominated position was genuine and whether the applicant had provided sufficient contemporary information to satisfy the requirements of regulation 2.72(10)(a) of the Migration Regulations 1994. The Tribunal also considered whether the applicant had determined the annual market salary rate for the nominated position using the method specified in the relevant instrument, as required by regulation 2.72(15).

The Tribunal affirmed the decision to refuse the nomination. It found that the applicant had not provided any updated or current information regarding its business operations, such as its structure, turnover, employee numbers, or the actual need for a Cook. Consequently, the Tribunal was unable to be satisfied that the nominated position was genuine, failing to meet the requirements of regulation 2.72(10)(a). Furthermore, the applicant had not demonstrated that it determined the annual market salary rate for the nominated position in accordance with the prescribed method.

The Tribunal concluded that the applicant had not met the applicable criteria for the nomination to be approved and therefore affirmed the original decision.