EEW ECO ENERGY WORLD AUSTRALIA PTY LTD (Migration)

This matter concerned an appeal by EEW ECO ENERGY WORLD AUSTRALIA PTY LTD (the applicant) against a decision to refuse the nomination of a position. The applicant, a renewable energy company, had nominated a Corporate Services Manager position. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination under section 140GB(2) and section 140GBA of the Migration Act 1958 (Cth) and regulation 2.72 of the Migration Regulations 1994.

The primary legal issues before the Tribunal were whether the nominated occupation corresponded to an occupation and its 6-digit code specified in the relevant instrument (regulation 2.72(10)(aa)), and whether the nominated position was genuine (regulation 2.72(10)(f)). The Tribunal had invited the applicant to provide updated information regarding the nominated position, its alignment with the ANZSCO description, its place within the organisational structure, and the applicant's financial circumstances.

The Tribunal affirmed the decision to refuse the nomination. The applicant failed to provide any updated or current information in response to the Tribunal's invitation. Consequently, the Tribunal could not be satisfied that the criteria for approval were met at the time of its decision. The delegate had previously found that the majority of tasks for the nominated position were more closely aligned with occupations such as Office Manager, Secretary, or Personal Assistant, rather than a Corporate Services Manager, and therefore regulation 2.72(10)(aa) was not met. Furthermore, the Tribunal noted that the genuineness of the position, as required by regulation 2.72(10)(f), was a matter for qualitative assessment, referencing *Cargo First Pty Ltd v MIBP* [2016] FCA 30. Without the requested information, the Tribunal could not be satisfied that the nominated position was genuine or that the nominated occupation code accurately reflected the role.