Grass Scorpions Pty Ltd (Migration)

This matter concerned an application by Grass Scorpions Pty Ltd for approval of a nomination for a visa. The dispute centred on whether the nominated position was genuine and whether the application was lodged to secure an immigration outcome rather than to fill a genuine skill shortage. The decision was made by Amanda Mendes Da Costa, a Member of the Tribunal.

The legal issues before the Tribunal were whether the position associated with the nominated occupation was genuine, as required by regulation 2.72(10)(a) of the Migration Regulations 1994, and whether the nomination application was lodged to facilitate the grant of a visa for the nominee, rather than to fill a genuine skill shortage. The Tribunal was required to assess the nature of the nominated position and compare it with the duties described, drawing on principles established in cases such as *Cargo First Pty Ltd v MIBP* [2016] FCA 30.

The Tribunal affirmed the decision to refuse the nomination. It considered the applicant's submissions regarding its business activities, the nominee's qualifications, and the steps taken to recruit local staff. However, the Tribunal was not satisfied that the position was genuine, nor that the application was lodged solely to address a skill shortage. The Tribunal concluded that the application was lodged to secure an immigration outcome for the nominee.

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