Pat-Group (Patrick's Automotive Trading Group) Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for approval of a nomination for a position made by Pat-Group (Patrick's Automotive Trading Group) Pty Ltd. The dispute concerned whether the nominated position was a genuine position and whether there was sufficient work available to constitute a full-time position.

The primary legal issue before the Tribunal was to determine whether the nominated position was genuine, meaning that the employer intended to offer the position in good faith and that the position genuinely existed and was necessary for the employer's business operations. A related issue was whether the evidence presented, including financial statements, sufficiently demonstrated that there was enough work to sustain a full-time employee in the nominated role.

The Tribunal found that the nominated position was essential to the continued operation and growth of Pat-Group's business. It was satisfied that the financial statements provided adequately supported the existence of a genuine full-time position with sufficient work. Consequently, the Tribunal set aside the decision under review.