Mates Rates Mechanical Pty Ltd (Migration)

This matter concerned an application for the approval of a nomination of a position, brought by Mates Rates Mechanical Pty Ltd. The dispute centred on whether the applicant met the criteria for the approval of the nomination, with the Tribunal ultimately affirming the decision under review. The decision was made by Warren Stooke AM.

The primary legal issue before the Tribunal was to determine whether the applicant satisfied the requirements of regulation 2.72 of the Migration Regulations 1994, specifically concerning the genuineness of the nominated position. This involved assessing the nominated occupation against the criteria set out in the regulations and considering relevant case law, such as *Cargo First Pty Ltd v MIBP* [2016] FCA 30, which outlines a qualitative assessment approach for determining the genuineness of a position.

The Tribunal's reasoning focused on the applicant's failure to provide a substantive response to invitations from the Tribunal to supply information or comment. While the Tribunal outlined the criteria for approving a nomination, including the requirement for the nominated position to be genuine, it found that the applicant had not met these criteria. The Tribunal noted that the description of a Motor Mechanic (General) under ANZSCO Code 321211 involves specific tasks related to repairing, maintaining, and testing engines and mechanical components of motor vehicles.

Ultimately, the Tribunal concluded that it was not satisfied that the applicant had met the applicable criteria for the nomination to be approved. Consequently, the decision under review was affirmed.