SEKHON BROS PTY LTD (Migration)

This matter concerned an application by SEKHON BROS PTY LTD for the approval of a nomination for a position as a Cafe or Restaurant Manager. The nominee was Mr Gurpreet KAUR, who was the sister-in-law of the director of the nominator company. The Tribunal was required to determine whether the nominated position was genuine, a key criterion for the approval of such nominations under migration regulations.

The legal issues before the Tribunal were whether the nominated position met the requirements of Regulation 2.72(10)(f) of the Migration Regulations 1994, specifically that the position must be genuine. This involved a qualitative assessment of the position and its alignment with the nominated occupation, as guided by principles established in cases such as *Cargo First Pty Ltd v MIBP* [2016] FCA 30. The Tribunal also considered the circumstances surrounding the nomination, including the lack of public advertisement for the position and the absence of attempts to recruit Australian citizens or permanent residents.

The Tribunal found that the position was not genuine, concluding that it was created principally to facilitate a migration outcome for the nominee. This conclusion was informed by the fact that the position was not advertised publicly, nor were there efforts to recruit local workers. Furthermore, the nominee was the sister-in-law of the company director, and the company failed to respond to a letter from the Tribunal seeking further information under section 359(2) of the Migration Act 1958. The Tribunal affirmed the decision to refuse the nomination.