Fitness Playground Surry Hills Pty Ltd (Migration)

This matter concerned an appeal to the Tribunal regarding the refusal of a nomination for a Subclass 457 visa. The applicant, Fitness Playground Surry Hills Pty Ltd, sought to have the decision to refuse its nomination reviewed. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination under section 140GB(2) of the Act, specifically focusing on Regulation 2.72 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominated position was genuine, as required by Regulation 2.72(10)(f). The Tribunal considered the approach taken in *Cargo First Pty Ltd v MIBP* [2016] FCA 30, which involved a qualitative assessment of the position and a comparison with the nominated occupation. The Tribunal noted that at the time of its assessment, it lacked current and updated information regarding the status of the nominated position and could not rely on previously provided documents to confirm their current weight or validity.

The Tribunal reasoned that without current information to confirm the genuineness of the nominated position, it could not be satisfied that the application complied with Regulation 2.72(10)(f). Consequently, the Tribunal affirmed the decision under review to refuse the nomination, as the applicant had not provided sufficient evidence to demonstrate that the criteria were met. The Tribunal's decision was to affirm the refusal of the nomination.