JOHNSON, BRADLEY SCOTT (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision to refuse the approval of a nomination for a skilled migration visa. The applicant, Mr. Bradley Scott Johnson, sought to nominate a motor mechanic position. The Tribunal was required to determine whether Mr. Johnson met the criteria for the approval of the nomination under section 140GB(2) of the Act and regulation 2.72 of the Migration Regulations 1994.

The legal issues before the Tribunal were whether the nominated position was genuine and whether the applicant was an approved sponsor meeting the relevant regulatory requirements. During the review hearing, Mr. Johnson provided evidence that his mechanical garage had ceased trading in March 2020 due to the COVID-19 pandemic and remained closed, with aspirations to reopen in approximately six months. He also confirmed that the nominated individual, Mr. Kamaldeep Singh, had not been employed since March 2020, and another previously nominated individual, Mr. Manpreet Singh, had only worked a few days part-time. Furthermore, the Tribunal noted that Mr. Singh had withdrawn his own visa application review.

The Tribunal reasoned that the cessation of trading and the prolonged closure of the business, coupled with the fact that the nominated individual was no longer employed and had withdrawn his own visa review, indicated that the nominated position was not genuine. The Tribunal also considered that the withdrawal of Mr. Singh's review suggested he would not be employed full-time for at least two years, and there was not a genuine need for Mr. Johnson to employ a paid worker under his direct control. Consequently, the Tribunal was not satisfied that the applicant met the applicable criteria for the nomination to be approved.

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