MBK Ventures Pty Ltd (Migration)

The Administrative Appeals Tribunal (Cth) considered an appeal by MBK Ventures Pty Ltd concerning the refusal of a nomination for a medium-term stream visa. The core of the dispute was whether the nominated position was genuine, a requirement under regulation 2.72(10)(a) of the Migration Regulations 1994. The Tribunal was tasked with determining if the applicant had met the criteria for the approval of the nomination, specifically focusing on the genuineness of the nominated position.

The Tribunal was required to assess whether the position associated with the nominated occupation was genuine and full-time, as stipulated by regulation 2.72(10) of the Migration Regulations 1994. This involved a qualitative assessment of the position and its alignment with the nominated occupation, drawing on principles from cases such as *Cargo First Pty Ltd v MIBP* [2016] FCA 30. Crucially, the Tribunal had to consider the available evidence, particularly in light of the applicant's failure to provide requested information during the review process.

The Tribunal found that it lacked sufficient contemporary information to properly assess the genuineness of the nominated position. Despite a request for further details, the applicant had not provided any new information, leaving the Tribunal with only the original documents submitted in 2019, which were considered no longer reliable. Consequently, the Tribunal was not satisfied that the applicant had demonstrated the position was genuine, and therefore the requirements of regulation 2.72(10) were not met. The Tribunal affirmed the decision not to approve the nomination.