RAMONA PTY LTD ATF J AND R FAMILY TRUST (Migration)

This matter concerned an appeal by Ramona Pty Ltd ATF J and R Family Trust against a decision to refuse the approval of a nominated position for a Subclass 457 (Temporary Work (Skilled)) visa. The core of the dispute revolved around whether the nominated position of Café/Restaurant Manager was genuine, as required by regulation 2.72(10)(f) of the Migration Regulations 1994. The Administrative Appeals Tribunal (AAT) was tasked with determining if the applicant had provided sufficient evidence to satisfy this criterion.

The legal issue before the Tribunal was whether the nominated position for a Café/Restaurant Manager was genuine, necessitating an assessment of the evidence provided by the applicant. Specifically, the Tribunal had to consider if the applicant had demonstrated a continuing need for a second full-time Café/Restaurant Manager within their business, given the information available at the time of the Tribunal's decision.

The Tribunal's reasoning focused on the timeliness and relevance of the evidence submitted by the applicant. It noted that the delegate had refused the nomination due to insufficient evidence regarding the necessity of a second full-time manager. While the applicant provided submissions and documents, the Tribunal found them to be substantially out-dated, with key documents such as a "Genuine Position Report" and a "Business Expansion Plan" dating back several years. The Tribunal emphasised that the genuineness of the position must be assessed at the time of the Tribunal's decision, and the applicant had failed to provide any recent information to support their claim. Consequently, the Tribunal was not satisfied that the criteria for approval of the nomination had been met.

The Tribunal affirmed the decision to refuse the approval of the nomination.