COMBOYNE GROUP PTY LTD (Migration)

The Administrative Appeals Tribunal (C. Packer) considered an application by Comboyne Group Pty Ltd concerning the approval of a nominated position for a visa. The core of the dispute was whether the applicant met the criteria for approval of the nomination, specifically regarding the genuineness and full-time nature of the nominated position.

The Tribunal was required to determine if the nominated position was genuine and full-time, as stipulated by regulation 2.72(10) of the Migration Regulations 1994. This involved assessing the nominated occupation against the actual position, a qualitative assessment previously upheld in *Cargo First Pty Ltd v MIBP* [2016] FCA 30. The Tribunal also had to consider whether the applicant had provided sufficient updated and current information to satisfy these requirements.

The Tribunal's reasoning centred on the applicant's failure to provide any updated information since December 2021, despite a request under section 359 of the Migration Act 1958. In the absence of current information about the applicant, the business, and the nominee, the Tribunal was not satisfied that the nominated position was genuine. Consequently, the requirements of regulation 2.72(10) were not met. The Tribunal affirmed the decision not to approve the nomination.