EdApp Pty Ltd (Migration)

The Administrative Appeals Tribunal (Cth) considered an application by EdApp Pty Ltd for the approval of a nomination for a skilled visa. The core of the dispute concerned whether EdApp Pty Ltd had met the necessary criteria for the nomination to be approved, particularly in relation to labour market testing and the genuineness of the nominated position.

The Tribunal was required to determine if EdApp Pty Ltd had satisfied the requirements of the *Migration Regulations 1994* (Cth), specifically concerning the provision of evidence for labour market testing, the genuineness of the nominated position, and whether contemporary information supported the need for the role. The Tribunal also had to consider the applicant's response, or lack thereof, to a request for further information.

The Tribunal affirmed the decision to refuse the nomination, finding that the applicant had not provided evidence of labour market testing. Furthermore, the Tribunal was not satisfied that the nominated position was genuine, as there was no contemporary information before it regarding the applicant's business structure, turnover, employee numbers, or the specific need for a Software Engineer. The Tribunal applied the principles from *Cargo First Pty Ltd v MIBP* [2016] FCA 30, which allows for a qualitative assessment of a nominated position to determine its genuineness, and concluded that the lack of current information prevented it from making such a finding.

Consequently, the Tribunal affirmed the decision under review not to approve the nomination.