Fone King Mobile Fone Specialists Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Fone King Mobile Fone Specialists Pty Ltd for approval of a nominated position for a visa application. The applicant sought approval for a position of ICT Customer Support Officer, which was intended to be filled by a prospective employee. The decision under review was the initial refusal to approve this nominated position.

The primary legal issue before the Tribunal was whether the nominated position of ICT Customer Support Officer met the requirements for employer nomination under the relevant migration regulations. Specifically, the Tribunal had to determine if the proposed employment arrangement, which involved a contract, was sufficient to establish a genuine and ongoing employment relationship that satisfied the criteria for the visa subclass.

In its reasoning, the Tribunal applied the principles of the *Migration Act 1958* (Cth) and associated regulations concerning employer nominations. The Tribunal found that the evidence presented did not sufficiently demonstrate that the nominated position was genuine or that the employment relationship would be ongoing as required. The contractual nature of the proposed employment, without further substantiation of its terms and the employer's capacity to fulfil them, led the Tribunal to conclude that the nominated position did not meet the necessary criteria. Consequently, the Tribunal set aside the original decision to refuse approval of the nominated position.