Paul Szeligiewicz (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Paul Szeligiewicz concerning the approval of a nominated position for a visa. The dispute centred on whether the nominated position, that of a Cook (ANZSCO 351411), met the requirements stipulated in the Migration Regulations 1994. The AAT was tasked with determining if the nominated position was genuine and full-time, as required by regulation 2.72(10).

The Tribunal was required to assess the genuineness of the nominated position and whether it was a full-time role, considering the nature and scope of the applicant's business. Regulation 2.72(10)(a) mandates that the nominated position must be genuine, a requirement interpreted by courts as necessitating a qualitative assessment of the position against the nominated occupation. Regulation 2.72(10)(b) requires the position to be full-time, unless it is reasonable to disregard this.

The Tribunal found that the applicant failed to respond to an invitation for further evidence under section 359(2) of the Migration Act 1958, resulting in a lack of contemporary evidence regarding the business's current activities. Based on the available material, the Tribunal was not satisfied that the nominee's position was consistent with the applicant's business operations, thus failing the genuineness requirement under regulation 2.72(10)(a). Furthermore, due to the absence of current evidence, the Tribunal could not be satisfied that the position was full-time or that it was reasonable to disregard this requirement, failing regulation 2.72(10)(b). Consequently, the Tribunal affirmed the decision not to approve the nomination.