Global Welding Supplies (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Global Welding Supplies (Migration) concerning the approval of a nomination for a position. The dispute centred on whether the applicant met the criteria for approval of the nomination, specifically regarding the genuineness of the nominated position and labour market testing requirements.

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. Additionally, the Tribunal had to assess whether the labour market testing requirements under section 140GBA of the Migration Act 1958 had been met. The Tribunal also considered the applicant's obligation to provide current information regarding its business operations and need for the nominated position.

The Tribunal affirmed the decision to refuse the nomination, finding that the applicant had not provided sufficient current information to satisfy the Tribunal that the nominated position was genuine. While the position was considered full-time, the lack of updated financial statements, Business Activity Statements, or other evidence of current business operations, particularly given the significant time lapse since the initial departmental decision, meant the Tribunal was not satisfied that the applicant genuinely required the position. The Tribunal noted that no response was received to its invitation to provide current information, and the most recent material was over two years old. Consequently, regulation 2.72(10)(a) was not met, leading to the affirmation of the original decision.