Kenji Auto Pty Ltd (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered a decision by the Department of Home Affairs to refuse the approval of a nominated position by Kenji Auto Pty Ltd. The dispute concerned whether the nominated position of Supply and Distribution Manager was genuine and met the relevant criteria under the Migration Regulations 1994.

The primary legal issue before the Tribunal was to determine if Kenji Auto Pty Ltd had satisfied the criteria for the approval of its nomination for the Supply and Distribution Manager position. This involved assessing whether the nominated position was genuine, particularly in light of an unexplained increase in the nominee's salary shortly after an initial offer, and whether the applicant had provided sufficient information to satisfy the Department's requirements. The Tribunal also considered whether the applicant was entitled to appear before it to provide further information.

The Tribunal affirmed the Department's decision to refuse the nomination. It noted that the applicant had been invited to provide further information regarding the significant salary increase but failed to respond. The Tribunal found that the evidence presented, including two letters of offer with differing salaries for the same position within a short period, and the lack of a clear explanation for this discrepancy, raised concerns about the genuineness of the nominated position. The Tribunal concluded that the applicant had not met the applicable criteria for the nomination to be approved.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination.