MODERNSPECS CARLINGFORD PTY LTD (Migration)

The Administrative Appeals Tribunal (AAT) considered a review of a decision to refuse the nomination of Shuyi Liu for a permanent residency visa under the Medium-term stream, with the nominated occupation being Accountant (General). The applicant, MODERNSPECS CARLINGFORD PTY LTD, had informed the Tribunal that the sponsored nominee had left their employment. The applicant was represented by a registered migration agent throughout the review process.

The primary legal issue before the Tribunal was whether the applicant met the criteria for approval of the nomination, specifically concerning the genuineness and full-time nature of the nominated position, as required by regulation 2.72(10) of the Migration Regulations 1994. The Tribunal also considered the requirement for the nominee to be engaged under a written contract of employment, as stipulated in regulations 2.72(11) and (12).

The Tribunal reasoned that it could not be satisfied that the nominated position was genuine or full-time, given the applicant's advice that the nominee was no longer employed by them. The Tribunal had repeatedly requested updated information to assess the position qualitatively, as per the approach in *Cargo First Pty Ltd v MIBP* [2016] FCA 30, but received no response. Furthermore, the applicant had not provided evidence of a written contract of employment. In light of the applicant's failure to provide requested information and the absence of evidence that the nominated position was genuine and full-time, the Tribunal concluded that the criteria under regulation 2.72(10) were not met.

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