Regency Render & Cladding Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by Regency Render & Cladding Pty Ltd concerning the refusal of a nomination for a medium-term stream visa. The applicant, a rendering, cladding, and painting business operating in Melbourne, sought to nominate a Painting Trades Worker. The core of the dispute was whether the nominated position was genuine and if the applicant had a genuine need for such a role within its business operations.

The legal issues before the Tribunal were whether the nominated position met the criteria for approval under regulation 2.72 of the Migration Regulations 1994, specifically whether the position was genuine and full-time. The Tribunal was required to assess the applicant's business activities and demonstrate a genuine need for the nominated occupation, considering the impact of recent events such as the COVID-19 pandemic and associated lockdowns on businesses in Melbourne.

The Tribunal affirmed the decision to refuse the nomination, finding that the applicant had failed to provide sufficient evidence to satisfy the requirement that the nominated position was genuine. While acknowledging the applicant's business activities, the Tribunal noted a lack of current information regarding the scope of its operations, particularly in light of the significant disruptions caused by COVID-19 lockdowns. Without this information, the Tribunal could not be satisfied that a genuine need for a Painting Trades Worker existed within the applicant's business, nor that the position itself was genuine, as required by regulation 2.72(10)(a). Consequently, the Tribunal concluded that the applicant had not met the applicable criteria for the nomination to be approved.