Mobile Data Evaluations PTY LTD (Migration)

Mobile Data Evaluations Pty Ltd sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse its nomination as a standard business sponsor. The company had nominated an individual for the position of Contract Administrator. The delegate of the Minister had formed the view that the nominated position was not a genuine position in the context of the business.

The primary legal issue before the Court was whether the delegate's decision to refuse the nomination was affected by an error of law. This required the Court to consider whether the delegate had properly applied the relevant legislative provisions and policy guidelines concerning the genuineness of a nominated position and the assessment of whether the nominated occupation corresponded to a specified occupation within the meaning of the *Migration Regulations 1994* (Cth).

In her decision, Justice Carney-Orsborn affirmed the delegate's decision. The Court found that the delegate had undertaken a proper assessment of the evidence before her regarding the nominated position. The delegate's conclusion that the position of Contract Administrator was not a genuine position within Mobile Data Evaluations Pty Ltd was supported by the evidence and did not involve an error of law. The Court was satisfied that the delegate had correctly applied the relevant criteria and had not misconstrued the legislation.