QUEENSLAND FARM MANAGEMENT & TRAINING PTY LTD (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by Queensland Farm Management & Training Pty Ltd concerning the refusal to approve a nominated position for a visa. The dispute centred on whether the nominated position met the criteria for approval under the Migration Regulations 1994.

The primary legal issue before the Tribunal was to determine if the applicant met the requirements for the approval of the nominated position, specifically whether the position was genuine and full-time as stipulated by regulation 2.72(10) of the Migration Regulations 1994. The Tribunal also had to consider if there was sufficient contemporary information to support the genuineness of the position.

The Tribunal affirmed the decision to refuse the nomination, finding that the applicant had not provided sufficient contemporary information to demonstrate the structure of its business, current turnover, activity levels, number of employees, or the necessity for a Primary Products Inspector nec. Citing *Cargo First Pty Ltd v MIBP* [2016] FCA 30, the Tribunal noted that a qualitative assessment of the position against the nominated occupation is required to determine genuineness. Without this information, the Tribunal was unable to be satisfied that the nominated position was genuine, thus failing to meet the requirements of regulation 2.72(10)(a).