Reapit PTY LTD (Migration)

This matter concerned an application by Reapit PTY LTD for the approval of a nomination for an analyst programmer position under the medium-term stream. The Tribunal was required to determine whether Reapit PTY LTD met the criteria for approval of the nomination, including that the nominated position was genuine and full-time, and that labour market testing requirements were satisfied. The Tribunal had invited the applicant to provide updated and current information regarding these criteria, as well as details about the nominated position's duties, its place within the organisational structure, and the company's financial circumstances.

The central legal issue before the Tribunal was whether the applicant had satisfied the requirements of regulation 2.72 of the Migration Regulations 1994, specifically concerning the genuineness and full-time nature of the nominated position, and the adequacy of labour market testing. The Tribunal also had to consider whether it could be satisfied that all relevant criteria were met at the time of its decision, given the applicant's failure to provide requested information.

The Tribunal's reasoning focused on the applicant's failure to respond to its invitation to provide updated information. As the applicant did not supply the requested details, the Tribunal was unable to be satisfied that the criteria for approval of the nomination were met at the time of its decision. The Tribunal noted that regulation 2.72(10)(a) requires the nominated position to be genuine, a requirement that involves a qualitative assessment of the position by comparing it to the nominated occupation, as affirmed in *Cargo First Pty Ltd v MIBP* [2016] FCA 30. Furthermore, regulation 2.72(10)(b) mandates that the position be full-time, unless it is reasonable to disregard this requirement. Without the applicant's input, the Tribunal could not make these necessary satisfactions.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination.