ORIGIN AU PTY LTD (Migration)

This matter concerned an application for the approval of a nomination of a position under the medium-term stream, brought before the Administrative Appeals Tribunal by ORIGIN AU PTY LTD. The core dispute revolved around whether the nominated position met the legislative criteria for approval.

The Tribunal was required to determine if the applicant met the criteria for approval of the nomination, specifically focusing on whether the nominated position was genuine and full-time, as stipulated by regulation 2.72(10) of the Migration Regulations 1994. This involved assessing the position against the nominated occupation, a qualitative assessment previously considered in *Cargo First Pty Ltd v MIBP* [2016] FCA 30.

The Tribunal noted that no information regarding the applicant's business or the nominated position had been provided since the review application was lodged, and the delegate's decision was made approximately 36 months prior. In the absence of updated information, the Tribunal was not satisfied that the position was genuine, thus failing to meet the criteria under reg 2.72(10)(a). Consequently, the Tribunal affirmed the decision under review not to approve the nomination.