Meem International Pty Ltd (Migration)

This matter concerned an application by Meem International Pty Ltd for approval of a nomination of a position under the Direct Entry nomination stream. The delegate had refused the nomination, and the applicant sought review of that decision by the Tribunal. The primary issue before the Tribunal was whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was required to determine if the nominated position's tasks corresponded to the tasks of an occupation specified in the relevant instrument, as required by regulation 5.19(4)(h)(i)(A) and (ii)(D). The Tribunal had invited the applicant to provide updated and current information regarding the roles and duties of the nominated position and how they corresponded to the nominated occupation's position description in the Australian and New Zealand Standard Classification of Occupations (ANZSCO). The applicant failed to respond to this invitation or provide any updated information.

In the absence of the requested information, the Tribunal was unable to be satisfied that the tasks of the nominated position corresponded to those of an occupation specified in the relevant instrument, a requirement under both sub-subparagraphs (i)(A) and (ii)(D) of regulation 5.19(4)(h). Consequently, the Tribunal found that the applicant did not satisfy regulation 5.19(4)(h). As the applicant had not sought to satisfy the criteria for the Temporary Residence Transition Nomination stream under regulation 5.19(3), the Tribunal concluded that the nomination could not be approved.

The Tribunal affirmed the decision under review to refuse the nomination.