Lokabut Enterprises Pty Ltd (Migration)

The Administrative Appeals Tribunal (Cth) considered an appeal by Lokabut Enterprises Pty Ltd concerning a decision not to approve its nomination for a skilled migration visa. The core of the dispute revolved around whether the nominated position of "Chef" was genuine, as required by migration regulations.

The Tribunal was tasked with determining if the nominated position met the criteria for approval, specifically whether the position was genuine under regulation 2.72(10)(f) of the Migration Regulations 1994. This involved a qualitative assessment of the nominated position against the applicant's commercial operations and the occupation as defined by the Australian and New Zealand Standard Classification of Occupations (ANZSCO).

The Tribunal reasoned that the applicant had provided limited evidence regarding its commercial operations and failed to respond to requests for information from the Department and the Tribunal. Citing *Cargo First Pty Ltd v MIBP* [2016] FCA 30, the Tribunal affirmed the need for a qualitative assessment of the position's genuineness. Given the lack of contemporary evidence of commercial activity and the failure to respond to invitations to provide supporting information, the Tribunal was not satisfied that the nominated position was genuine or that the business required the nominee's services. Consequently, the Tribunal affirmed the decision not to approve the nomination.