Nua Services Pty Ltd (Migration)

This matter concerned an application by Nua Services Pty Ltd for approval of a nomination for a Fitter-Welder occupation, reviewed by Karen McNamara of the Tribunal. The core dispute revolved around whether the nominated position was genuine, as required by migration regulations. The applicant failed to provide updated and current information requested by the Tribunal regarding its business operations, the nominated position, and its financial circumstances.

The legal issue before the Tribunal was to determine if the applicant met the criteria for approval of the nomination, specifically whether the nominated position associated with the Fitter-Welder occupation was genuine, as stipulated by regulation 2.72(10)(a) of the Migration Regulations 1994. This required a qualitative assessment of the position in comparison to the nominated occupation, considering the applicant's business capacity and operational level.

The Tribunal affirmed the delegate's decision to refuse the nomination. It reasoned that, in the absence of any response to its invitation for updated information, it could not be satisfied that the nominated position was genuine. The Tribunal noted that a similar requirement for a genuine position was considered in *Cargo First Pty Ltd v MIBP* [2016] FCA 30, where a qualitative assessment was upheld. Given the lack of information regarding the applicant's business, the nominated position's structure, and the applicant's financial standing, the Tribunal concluded that regulation 2.72(10)(a) was not met.

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