GREEN LEAF AUSTRALIA GROUP PTY LTD (Migration)

This matter concerned an appeal by Green Leaf Australia Group Pty Ltd against a decision to refuse the approval of a nomination for a Subclass 457 (Temporary Work (Skilled)) visa. The core of the dispute revolved around whether the nominated position of Marketing Specialist was genuine, as required by migration regulations. The decision was made by the Tribunal, presided over by Member Alan McMurran.

The Tribunal was required to determine if the applicant had met the criteria for the approval of the nomination, specifically focusing on whether the nominated position was genuine, as stipulated by regulation 2.72(10)(f) of the Migration Regulations 1994. Additionally, the Tribunal considered whether the applicant was a standard business sponsor or a party to a work agreement, as required by regulation 2.72(4).

The Tribunal found that the applicant had not satisfied the requirements of regulation 2.72(4) as they were neither a standard business sponsor nor a party to a work agreement. While the applicant's representative indicated a pending application for standard business sponsorship and requested a deferral, the Tribunal granted a limited 14-day extension, after which no further evidence of sponsorship was provided. Consequently, the Tribunal proceeded to determine the nomination application. The nominated occupation, Marketing Specialist (ANZSCO 225113), was identified as a skilled occupation requiring a bachelor's degree or higher. However, the primary reason for affirming the refusal was the failure to meet the sponsorship requirement, which precluded the Tribunal from being satisfied that the nominated position was genuine under the applicable regulations. The Tribunal affirmed the decision to refuse the nomination.