BP Tiling Pty Ltd ATF The Bp Tiling Trust (Migration)

This matter concerned a review of a decision to refuse the nomination of an occupation by BP Tiling Pty Ltd ATF The Bp Tiling Trust (the applicant). The applicant sought to nominate an occupation for a visa holder. The core of the dispute was whether the applicant met the criteria for approval of the nomination under the Migration Regulations 1994. The decision was made by C. Packer, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant was an approved standard business sponsor or a party to a work agreement, as required by regulation 2.72(4) of the Migration Regulations 1994, and whether the nominated position was genuine, as required by regulation 2.72(10)(f). The Tribunal also considered whether the applicant had provided sufficient current information to satisfy these criteria.

The Tribunal reasoned that the applicant's sponsorship approval had ceased on 26 August 2017, meaning they were no longer an approved standard business sponsor. As there was no evidence of the applicant being a party to a work agreement, the requirement under regulation 2.72(4) was not met. Furthermore, the Tribunal found that the applicant had failed to provide current information demonstrating the genuineness of the nominated position, despite being invited to do so. The Tribunal applied the principles from *Cargo First Pty Ltd v MIBP* [2016] FCA 30 regarding the qualitative assessment of a nominated position. Consequently, the Tribunal affirmed the decision not to approve the nomination.