BRIGHTEN SERVICES (AUSTRALIA) PTY LTD (Migration)

Brighten Services (Australia) Pty Ltd sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of a nomination application. The applicant had nominated a position for a Market Research Analyst, but this occupation was subsequently removed from the relevant skilled occupation list. The AAT had dismissed the application, finding that the nominated position was not genuine.

The primary legal issues before the court were whether the AAT had erred in law by failing to afford the applicant procedural fairness, particularly in light of the applicant's non-attendance at two callovers and two hearings, and whether the AAT's finding that the nominated position was not genuine was supported by the evidence.

The court confirmed the AAT's decision to dismiss the application. It was held that the applicant had been afforded procedural fairness, as they were notified of the hearings and callovers, and their non-attendance was not explained. The AAT was entitled to proceed in the applicant's absence and make findings based on the material before it. The removal of the nominated occupation from the eligible list was a relevant factor, but the AAT's primary focus on the genuineness of the position was appropriate.

Consequently, the decision under review was affirmed pursuant to subsection 362B(1F) of the Migration Act 1958 (Cth), meaning the AAT's decision to dismiss the application was confirmed.