Maya Jafari Pty Ltd (Migration)

Maya Jafari Pty Ltd (Migration) concerned an application for review of a decision made under the *Migration Act 1958* (Cth) concerning a nomination for the Direct Entry stream for a Youth Worker position. The applicant, Maya Jafari Pty Ltd, sought to have the decision set aside.

The primary legal issue before the court was whether the nominated position of Youth Worker was genuine and whether there was a genuine need for Maya Jafari Pty Ltd to employ a paid employee to work in that position under the nominator’s direct control. The court was required to determine if the applicant was lawfully operating a business in Australia and if the nominated position was indeed genuine.

In its reasoning, the court considered the evidence presented regarding the operations of Maya Jafari Pty Ltd and the proposed role of the Youth Worker. The court applied the principles that a nominated position must be genuine and that there must be a genuine need for the employment. The court found that the applicant was lawfully operating a business in Australia and that the position associated with the nominated occupation was genuine, satisfying the requirements for a valid nomination.

Consequently, the court set aside the decision under review.