SS & JK THANDI (Migration)

This matter concerned a review of a decision to refuse the approval of a nomination for a visa applicant for the occupation of Mixed Crop Farmer. The applicant, Mr Jaswinder Singh RANU, was identified as the person who would work in the nominated occupation. The Tribunal was required to determine whether the nominator met the criteria for approval of the nomination, specifically whether the nominated position was genuine.

The legal issues before the Tribunal were whether the nominator satisfied the requirements of regulation 2.72 of the Migration Regulations 1994, and in particular, whether the nominated position was genuine. The delegate's original decision had refused the nomination on the basis that the position was not genuine, but rather existed solely to facilitate the visa applicant's entry into Australia. The Tribunal had requested further information from the nominating business to address these concerns, providing an extended deadline, but received no response.

The Tribunal applied the principles outlined in s.140GB(2) of the Migration Act 1958 and regulation 2.72 of the Migration Regulations 1994, which require the Minister to be satisfied that the nominated position is genuine. In the absence of any further information or submissions from the nominator, despite being given ample opportunity and a clear warning that a decision might be made without further action, the Tribunal proceeded to make a decision based on the material originally provided to the Department. The Tribunal found that the nominator had not provided sufficient evidence to satisfy the criteria, particularly regarding the genuineness of the position.

The Tribunal affirmed the decision to refuse the nomination.