GT ELECTRICAL & TELECOMS PTY LTD (Migration)

The Administrative Appeals Tribunal, constituted by Member Mary Sheargold, considered an application by GT Electrical & Telecoms Pty Ltd concerning the approval of a nomination for a Subclass 482 (Temporary Skill Shortage) visa in the Short-term stream. The core of the dispute revolved around whether the nominated position of ICT Support Engineer met the regulatory requirements for approval.

The Tribunal was required to determine if the applicant met the criteria for approval of the nomination, specifically focusing on whether the nominated position was genuine and full-time, as stipulated by regulation 2.72(10) of the Migration Regulations 1994. This involved assessing the nominated position against the requirements of the relevant occupation and considering whether the employer had provided sufficient contemporary information to substantiate the genuineness of the role within their business.

In its reasoning, the Tribunal applied the principles established in cases such as *Cargo First Pty Ltd v MIBP* [2016] FCA 30, which permits a qualitative assessment of the nominated position by comparing it with the nominated occupation. The Tribunal found that the applicant had failed to provide contemporary information regarding its business structure, turnover, activity levels, employee numbers, and the specific need for an ICT Support Engineer. Consequently, the Tribunal was unable to be satisfied that the nominated position was genuine, thus failing to meet the requirements of regulation 2.72(10)(a).

Accordingly, the Tribunal affirmed the decision under review to refuse the nomination, finding that the applicant had not met the applicable criteria for its approval.