Kamel Droubi (Migration)

The Administrative Appeals Tribunal considered an application by Kamel Droubi concerning the approval of a nominated position for a visa application. The dispute centred on whether the nominated position of Café or Restaurant Manager was genuine and whether the applicant was entitled to appear before the Tribunal. The Tribunal was tasked with determining the validity of the nominated position and the applicant's procedural rights.

The primary legal issues before the Tribunal were whether the nominated position was genuine, having regard to the limited advertising undertaken and the familial relationship between the nominee and the owner of the nominating business, and whether the applicant was entitled to be invited to attend a hearing before the Tribunal, given the absence of a response to an invitation issued under s 359(2) of the *Migration Act 1958* (Cth).

The Tribunal found that the limited advertising of the position and the familial connection between the nominee and the business owner raised concerns about the genuineness of the nominated position, suggesting a potential facilitation of a migration outcome rather than a genuine need for a manager. Furthermore, the Tribunal determined that as the applicant had not responded to the invitation issued under s 359(2) of the *Migration Act 1958* (Cth), they were not entitled to appear before the Tribunal. Consequently, the Tribunal affirmed the decision under review.