Elnart Pty Ltd (Migration)

This matter concerned an application by Elnart Pty Ltd for approval of a nomination for a position as a Cafe or Restaurant Manager. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for approval of the nomination under section 140GB(2) of the Migration Act 1958 (Cth) and regulation 2.72 of the Migration Regulations 1994 (Cth).

The primary legal issue before the Tribunal was whether the nominated position was genuine, as required by regulation 2.72(10)(f). The Tribunal also considered the applicant's obligation to provide updated information regarding its business operations and the nominated position, which had not been supplied since April 2018. This included a statement of reasons for the position, an organisational chart, and financial documents.

The Tribunal reasoned that to assess the genuineness of a nominated position, it must qualitatively assess the position and compare it with the nominated occupation, as affirmed in *Cargo First Pty Ltd v MIBP* [2016] FCA 30. The Tribunal found that the applicant had failed to provide essential information to demonstrate the genuineness of the Cafe or Restaurant Manager position. Specifically, the absence of updated business information, including financial statements and an organisational chart, meant the Tribunal could not be satisfied that the position was genuine.

Accordingly, the Tribunal affirmed the decision under review to refuse the nomination, as the requirement under regulation 2.72(10)(f) was not met.