FFJK Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered a review of a decision to refuse the nomination of an occupation for a visa. The applicant, FFJK Pty Ltd, sought to nominate a position as a Cafe or Restaurant Manager. The core of the dispute was whether the applicant had provided sufficient and current information to satisfy the requirements for the nomination's approval.

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 position against the nominated occupation and ensuring it met the criteria for genuineness, drawing on principles from cases such as *Cargo First Pty Ltd v MIBP* [2016] FCA 30. The Tribunal also had to consider whether the applicant had provided updated and current information as requested.

The Tribunal's reasoning focused on the applicant's failure to provide updated information when requested by the Tribunal on 8 September 2023. The applicant had not submitted any new information since February 2021, a period exceeding two years. In the absence of current details regarding the applicant, its 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.