Chicklet Pty Ltd (Migration)

The Administrative Appeals Tribunal (C. Packer) considered a decision to refuse the approval of a nomination for a visa. The applicant sought to have the nomination approved under section 140GB(2) of the Migration Act 1958 (Cth), which requires the applicant to be an approved work sponsor and meet the criteria in regulation 2.72 of the Migration Regulations 1994 (Cth). The core of the dispute revolved around whether the nominated position was genuine and full-time, as required by regulation 2.72(10)(a) and (b).

The Tribunal was required to determine if the nominated position was genuine and full-time, and consequently, whether the applicant met the criteria for the approval of the nomination. The Tribunal had invited the applicant to provide updated information addressing these requirements, but no current information was supplied. The most recent information available to the Tribunal dated back to early 2019, over three years prior to the decision.

In its reasoning, the Tribunal noted that the assessment of whether a position is genuine involves a qualitative assessment, comparing the position with the nominated occupation, as established in cases like *Cargo First Pty Ltd v MIBP* [2016] FCA 30. The Tribunal found that due to the lack of any current information demonstrating the applicant's intention to fill the nominated position on a full-time basis, it was not satisfied that the position was genuine or full-time, thus failing to meet regulations 2.72(10)(a) and (b). Consequently, the Tribunal affirmed the decision not to approve the nomination.