Cathay Global Pty Ltd (Migration)

This matter concerned an appeal by Cathay Global Pty Ltd against a decision not to approve its nomination for a position. The nominated position was for an accountant (general) (ANZSCO 221111), with Mr Wei Liao being the overseas-based nominee. The dispute centred on whether the nominated position was genuine, as required by migration regulations.

The primary legal issue before the Tribunal was whether the nominated position associated with the occupation was genuine, pursuant to regulation 2.72(10)(a) of the Migration Regulations 1994. This required the Tribunal to assess the substance and reality of the employment offered, particularly in light of the nominee's dual role as both the offeror and offeree of the position, and the limited operational capacity of the company in Australia.

The Tribunal found that the nominated position was not genuine. This conclusion was based on evidence that Mr Liao, a director of Cathay Global Pty Ltd, had issued a letter of employment offer to himself, acting as both the company's representative and the prospective employee. Furthermore, evidence regarding the company's operations indicated only two other employees in Australia, performing logistical roles, with Mr Liao directing them from China. The Tribunal considered Mr Liao's extensive work history in Australia and his subsequent acquisition of full ownership of the company, which was renamed Cathay Global Pty Ltd, but found these factors did not establish the genuineness of the nominated position.

Consequently, the Tribunal affirmed the decision not to approve the nomination, as Cathay Global Pty Ltd had failed to satisfy the requirement that the nominated position be genuine.