NABMAN PTY LTD (Migration)

This matter concerned an application by NABMAN PTY LTD for approval of a nominated position as a Cook under the Short-term stream of the Employer Nomination scheme. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for approval of the nomination, specifically focusing on whether the nominated position was genuine and full-time, as required by regulation 2.72(10) of the Migration Regulations 1994.

The Tribunal considered whether the nominated position of Cook at 'Terracotta Ouzeria' was genuine and a full-time position. Regulation 2.72(10)(a) mandates that the position must be genuine, a requirement that involves a qualitative assessment of the position against the nominated occupation, as discussed in *Cargo First Pty Ltd v MIBP* [2016] FCA 30. Furthermore, regulation 2.72(10)(b) requires the position to be full-time, unless it is reasonable to disregard this requirement. The Tribunal noted that it had not received a response to an invitation to provide updated information, and therefore lacked current details regarding the applicant's business operations, employee numbers, and hours of operation. Consequently, the Tribunal could not be satisfied that there was a genuine need for a full-time cook or that it was reasonable to disregard the full-time requirement.

As the applicant failed to satisfy the requirements of regulation 2.72(10), the Tribunal concluded that the applicant did not meet all the applicable criteria for the nomination to be approved. Accordingly, the Tribunal affirmed the decision under review to refuse the nomination.