HAPPY SOLUTION PTY LTD (Migration)

This matter concerned an appeal by Happy Solution Pty Ltd against the refusal to approve a nomination for a Subclass 457 visa. The core of the dispute revolved around whether the nominated position was genuine, as required by regulation 2.72(10)(f) of the Migration Regulations 1994. The Tribunal was tasked with determining if the applicant had met the criteria for the approval of the nomination.

The legal issue before the Tribunal was whether the nominated position associated with the proposed Subclass 457 visa holder was genuine, pursuant to regulation 2.72(10)(f). This required the Tribunal to assess whether the applicant had provided sufficient evidence to satisfy this criterion, particularly in light of the information previously provided to the Department, which was over a year old and deemed insufficient.

The Tribunal found that the applicant had failed to provide adequate information to demonstrate the genuineness of the nominated position. Specifically, the applicant had not supplied financial statements to show their capacity to employ the nominee at the proposed salary, nor had they provided work contracts or other evidence to substantiate the business's demand for a full-time wall and floor tiler. Crucially, the applicant had not presented any updated information to the Tribunal to address the concerns raised by the Department regarding the position's genuineness. Consequently, the Tribunal was not satisfied that the requirements of regulation 2.72(10)(f) had been met.

The Tribunal affirmed the decision under review to refuse the nomination.