Globird Energy Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Globird Energy Pty Ltd concerning the refusal of a nomination for a Subclass 457 visa. The core of the dispute was whether the nominated position of "Information and Organisation Professional NEC" was genuine and whether the applicant, the nominee, possessed the requisite skills for the role. The Department had previously refused the nomination application, a decision that Globird Energy Pty Ltd sought to have reviewed by the Tribunal.

The legal issues before the Tribunal were whether the nominated position was genuine, as required by regulation 2.72(10)(f) of the Migration Regulations 1994, and whether the nominee possessed the skills to perform the full range of tasks associated with the nominated occupation. The Tribunal was also required to consider whether to grant an adjournment to allow the applicant to provide further evidence, having regard to relevant case law concerning the indefinite deferral of decision-making processes and the reasonableness of adjournment requests.

The Tribunal affirmed the Department's decision to refuse the nomination. The Tribunal noted that no additional information had been provided by the applicant despite a specific invitation to do so, and a deadline for response had passed. The Tribunal considered its discretion to adjourn the review under section 363(1)(b) of the Migration Act 1958, but concluded, in light of decisions such as *Huo v Minister for Immigration and Multicultural Affairs* and *Minister for Immigration and Citizenship v Li*, that it was not required to indefinitely defer its decision. Given the lack of evidence demonstrating the genuineness of the position or the nominee's suitability, the Tribunal was not satisfied that the applicant met the criteria for approval of the nomination.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination.