JC TECHNICAL SOLUTIONS PTY LTD (Migration)

This matter concerned an application by JC TECHNICAL SOLUTIONS PTY LTD for approval of a nomination for a Telecommunications Linesworker position. The dispute before the Tribunal was whether the applicant met the criteria for approval of the nomination, specifically concerning the genuineness of the nominated position and the provision of a written contract of employment.

The Tribunal was required to determine if the nominated position was genuine, as stipulated by regulation 2.72(10)(f) of the Migration Regulations 1994, and whether the applicant had provided a written contract of employment to the Department, as required by regulation 2.72(10)(h) for nominations not specified in the relevant instrument. The Tribunal had invited the applicant to provide updated and current information regarding the nominated position's roles and duties, its place within the organisational structure, and the applicant's financial circumstances, but this information was not supplied.

The Tribunal reasoned that, in the absence of the requested information, it could not be satisfied that the nominated position was genuine, referencing the approach in *Cargo First Pty Ltd v MIBP* [2016] FCA 30. Furthermore, the nomination for Telecommunications Linesworker was not listed in the instrument exempting the need for a written contract, and no such contract had been provided. Consequently, the Tribunal found that the requirements of both regulation 2.72(10)(f) and 2.72(10)(h) were not met.

The Tribunal affirmed the decision not to approve the nomination.