HHL GROUP PTY LTD (Migration)

This matter concerned an appeal by HHL Group Pty Ltd against a decision not to approve a nomination for a Subclass 457 visa. The core of the dispute revolved around whether the nominated position was genuine and whether the identified individual possessed the necessary qualifications and visa type to work in that nominated occupation. The decision was made by Senior Member Michael Cooke of the Administrative Appeals Tribunal.

The Tribunal was required to determine if the nomination met the criteria set out in regulation 2.72 of the Migration Regulations 1994. Specifically, the Tribunal had to consider whether the nominated position was genuine and whether the person identified in the nomination held, or was able to be granted, the type of visa required to work in the nominated occupation, as stipulated by the regulations.

The Tribunal's reasoning focused on the requirement that the nominated position must be genuine. It found that because the person identified in the nomination did not hold, and was unable to be granted, the specific type of visa required to work in the nominated occupation, the position could not be considered genuine. This failure to satisfy a fundamental criterion under the Migration Regulations led to the conclusion that the nomination could not be approved.

Consequently, the Tribunal affirmed the original decision not to approve the nomination.