Mawu Company Pty Ltd Atf Walker-Lewsey Family Trust (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application by Mawu Company Pty Ltd Atf Walker-Lewsey Family Trust (the applicant) for approval of a nomination of a position. The dispute concerned whether the nominated position was genuine, as required by regulation 2.72(10)(f) of the Migration Regulations 1994. The Tribunal was tasked with determining if the applicant met the criteria for approval of the nomination, specifically focusing on the genuineness of the nominated position.

The central legal issue was whether the nominated position, described as a Customer Service Manager, was genuine in light of the duties proposed for the nominee. The delegate who initially assessed the nomination had found that while some duties aligned with the ANZSCO description of a Customer Service Manager, a significant number of proposed tasks were less-skilled and could be performed by general office staff, rather than a managerial role. This raised concerns that the proposed duties did not substantially align with the nominated occupation and that the position itself might not be genuine.

The Tribunal reasoned that assessing the genuineness of a nominated position requires a qualitative assessment and comparison with the nominated occupation, as established in *Cargo First Pty Ltd v MIBP* [2016] FCA 30. The Tribunal noted that the delegate's decision was made approximately 33 months prior to the current review and that no updated information regarding the applicant's business operations, employee numbers, the nominee's role, or proposed tasks had been provided. In the absence of current evidence demonstrating the genuineness of the position and its alignment with the nominated occupation, the Tribunal found that regulation 2.72(10)(f) was not met.

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