Focus Carpentry and Joinery Pty Ltd (Migration)

This matter concerned an application by Focus Carpentry and Joinery Pty Ltd for approval of a nomination for a skilled visa. The applicant sought to nominate a Carpenter position. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination, specifically whether the nominated position was genuine and full-time, as required by regulation 2.72(10) of the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the nominated position of Carpenter was genuine. Regulation 2.72(10)(a) mandates that the position associated with the nominated occupation must be genuine. The Tribunal considered the approach taken in *Cargo First Pty Ltd v MIBP* [2016] FCA 30, which involved a qualitative assessment of the position against the nominated occupation.

The Tribunal found that it lacked contemporary information regarding the applicant's business structure, turnover, activity levels, current employee numbers, and the specific need for a Carpenter. Without this information, the Tribunal was unable to conclude that the nominated position was genuine, and therefore, the requirements of regulation 2.72(10)(a) were not met. Consequently, the Tribunal affirmed the decision not to approve the nomination.