Christy Motors Pty Ltd (Migration)

The Administrative Appeals Tribunal (C. Packer, Member) considered a decision to refuse the approval of a nomination for a visa. The applicant, Christy Motors Pty Ltd, sought to have a 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. The core of the dispute concerned 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. This involved assessing the evidence provided by the applicant against the requirements of regulation 2.72, particularly subregulations (10)(a) and (b), which stipulate that the nominated position must be genuine and full-time, unless it is reasonable to disregard the full-time requirement. The Tribunal also considered its obligation to qualitatively assess the position, drawing on principles from cases such as *Cargo First Pty Ltd v MIBP* [2016] FCA 30.

The Tribunal's reasoning focused on the lack of current information provided by the applicant. Despite being invited to provide updated information addressing the nomination criteria, the applicant failed to do so. The most recent information before the Tribunal dated from early 2019, over three years prior to the decision. In the absence of any current evidence demonstrating the applicant's intention to fill the nominated position on a full-time basis, the Tribunal was not satisfied that the position was genuine or full-time, thus finding that regulation 2.72(10)(a) and (b) were not met.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination. It noted that other potential grounds for refusal were not considered, as the failure to meet the genuine and full-time position criteria was sufficient to uphold the original decision.