DULHAN EXCLUSIVES PTY LTD (Migration)

Dulhan Exclusives Pty Ltd sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm a refusal to approve a nomination for a position as a Fashion Designer. The applicant, Dulhan Exclusives Pty Ltd, had sought to nominate a prospective employee for a visa, but the Department of Home Affairs had refused to approve the nomination on the basis that the position was not genuine.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the applicant had discharged its onus to satisfy the decision-maker that the nominated position of Fashion Designer was a genuine position in the applicant's business. This involved an assessment of the evidence provided by the applicant to demonstrate the reality and necessity of the role within the business operations.

Her Honour Judge Sheridan Lee found that the applicant had failed to provide sufficient evidence to establish the genuineness of the nominated position. While a SEEK advertisement was presented, the court considered the limited documentation regarding the business's operations, financial standing, and the specific requirements of the Fashion Designer role. The court concluded that the evidence did not adequately demonstrate that the position was a real, ongoing need within the applicant's business, and therefore affirmed the delegate's decision.