MY STUDY HOUR PTY LTD (Migration)

The Administrative Appeals Tribunal (AAT) considered a case involving MY STUDY HOUR PTY LTD, which sought to have a nomination approved. The dispute centred on whether the applicant met the criteria for the approval of a nomination for a skilled migration visa. The decision was made by Member Stephen Witts.

The primary legal issue before the Tribunal was to determine if the applicant, MY STUDY HOUR PTY LTD, satisfied the requirements of Regulation 2.72 of the Migration Regulations 1994, specifically concerning the genuineness and full-time nature of the nominated position, as well as the financial capacity of the business to employ the nominee. The Tribunal had to assess whether the business was in a position to provide genuine, full-time employment and whether the nominated occupation was genuine in the context of the business's operations.

The Tribunal affirmed the delegate's decision to refuse the nomination. The reasoning was based on several factors, including inconsistencies in the business's stated services and its actual operations, as evidenced by its website and employee information. Critically, the Tribunal found that the business's financial turnover of $99,000 was insufficient to support a full-time nominee salary of $60,000 plus superannuation, amounting to an annual package of $69,405. Furthermore, the provided organisational chart indicated that the nominee was the sole full-time employee, supported by a casual employee, which raised doubts about the genuine need for a full-time position in the nominated occupation. The Tribunal applied Regulation 2.72(10), which requires the nominated position to be genuine and full-time, and found that these criteria were not met.

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