Spectrum Analysis Australia Pty Ltd (Migration)

This matter concerned an application by Spectrum Analysis Australia Pty Ltd for approval of a nominated position for a medium-term stream visa. The core dispute revolved around whether the nominated position, described as an Accountant (General), was genuine and aligned with the tasks of the nominated occupation. The Administrative Appeals Tribunal was tasked with reviewing the delegate's decision to refuse the nomination.

The Tribunal was required to determine if the applicant met the criteria for approval of the nomination, specifically whether the nominated position was genuine and full-time, as stipulated by regulation 2.72(10) of the Migration Regulations 1994. This involved assessing whether the job tasks of the nominated position substantially corresponded with the duties of an Accountant (General) as defined by ANZSCO. The Tribunal also considered the applicant's response, or lack thereof, to a request for further information.

The Tribunal affirmed the delegate's decision, finding that the nominated position was not genuine. It noted that the majority of the tasks involved assisting the finance manager, rather than performing the core duties of an Accountant (General). Crucially, despite being granted extensions, the applicant failed to provide any documentation to support its review application or to demonstrate that the position was genuine. The Tribunal applied the principle that the position must be genuinely what it purports to be, referencing *Cargo First Pty Ltd v MIBP* [2016] FCA 30. As the applicant did not satisfy regulation 2.72(10)(a), the nomination could not be approved.

Consequently, the Tribunal affirmed the decision under review, refusing to approve the nomination.