GILL'Z PAINTING PTY LTD (Migration)

The Administrative Appeals Tribunal (Cth) considered a decision to refuse the nomination of a Painting Trades Worker under the medium-term stream. The applicant, Gill'z Painting Pty Ltd, sought to have this refusal set aside. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination, specifically concerning the genuineness and full-time nature of the nominated position.

The Tribunal's reasoning focused on the applicant's failure to provide requested information within the prescribed period, leading to a lack of contemporary evidence regarding the nominee's current or future employment. The Tribunal noted that the nominee had withdrawn their own associated application for review, which further cast doubt on the genuineness of the nominated position. Applying the principles from *Cargo First Pty Ltd v MIBP* [2016] FCA 30 regarding the qualitative assessment of a nominated position, the Tribunal found that it could not be satisfied that the nominee would be employed by the applicant or that the nominated position aligned with the applicant's business operations. Consequently, the requirements of regulation 2.72(10)(a) of the *Migration Regulations 1994* were not met.

The Tribunal affirmed the decision under review to refuse the nomination, concluding that the applicant had not satisfied the applicable criteria for approval.