Shaf Group Pty Ltd (Migration)

The applicant, Shaf Group Pty Ltd, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the delegate's decision to refuse approval of a nomination for a position under the *Migration Regulations 1994* (Cth). The core of the dispute concerned whether the nominated position was genuine and whether the company had the financial capacity to provide full-time employment for the nominated position.

The primary legal issue before the Federal Court was whether the AAT had erred in law by affirming the delegate's decision. Specifically, the court was required to consider whether the AAT had properly assessed the evidence regarding the genuineness of the position and the financial capacity of Shaf Group Pty Ltd, particularly in light of the applicant's failure to respond to the Tribunal's invitation to provide updated and current information.

The Court found that the AAT had not erred in law. It noted that the applicant had been given a clear opportunity to provide updated financial information and evidence to demonstrate the genuineness of the position, but failed to do so. The AAT was therefore entitled to proceed on the basis of the information before it, which did not satisfy the requirements of the *Migration Regulations 1994* (Cth) concerning the financial capacity of the employer and the genuineness of the nominated position. The Tribunal's conclusion that the applicant had not discharged its evidential burden was therefore open to it.

The application for judicial review was dismissed.