Rana & Khan Property Group Pty Ltd (Migration)

This matter concerned an application for approval of a nomination of a position, brought before the Administrative Appeals Tribunal by Rana & Khan Property Group Pty Ltd. The core of the dispute was whether the applicant met the criteria for approval of the nomination, specifically concerning the genuineness of the nominated position.

The Tribunal was required to determine if the nominated position was genuine, as stipulated by regulation 2.72(10)(f) of the Migration Regulations 1994. This involved a qualitative assessment of the position and its alignment with the nominated occupation, drawing on principles established in cases such as *Cargo First Pty Ltd v MIBP* [2016] FCA 30. The Tribunal also considered whether the applicant had provided sufficient supporting information to satisfy this criterion, particularly in light of the invitation to provide current information.

The Tribunal found that the applicant had failed to provide any supporting information with their review application, and crucially, did not respond to the Tribunal's invitation to submit current information regarding the nominated position and the business's need for it. The only information available was over three years old and therefore could not be given weight. Applying the principles of assessing the genuineness of a position, the Tribunal concluded that it was not satisfied that the nominating business had demonstrated the position remained genuine. Consequently, the applicant did not meet the requirements of regulation 2.72(10)(f).

As the Tribunal found that regulation 2.72(10)(f) was not met, it was not necessary to consider the remaining criteria under regulation 2.72 or section 140GBA of the Act. Accordingly, the Tribunal affirmed the decision under review to refuse the nomination.