Suncamper Pty Ltd (Migration)

This matter concerned an application for approval of a nomination for a position, brought before the Tribunal by Suncamper Pty Ltd. The core dispute revolved around whether the nominated position met the regulatory requirements for approval, specifically concerning its genuineness and full-time status, as well as the applicant's compliance with labour market testing obligations.

The Tribunal was required to determine if the nominated position was genuine and full-time, as stipulated by regulation 2.72(10) of the Migration Regulations 1994. Additionally, the Tribunal had to consider whether the applicant had satisfied the labour market testing requirements under section 140GBA of the Migration Act 1958. The genuineness of the position was to be assessed by qualitatively evaluating the role against the nominated occupation and the applicant's business activities.

The Tribunal affirmed the decision not to approve the nomination, finding that the applicant had failed to satisfy the criteria. Specifically, the Tribunal was not satisfied that the nominated position was genuine, noting a lack of contemporary evidence regarding the applicant's current commercial activities due to the applicant's failure to respond to an invitation to provide such information. This absence of evidence also prevented the Tribunal from being satisfied that the position was currently full-time or that it was reasonable to disregard this requirement. Consequently, the Tribunal concluded that regulation 2.72(10) was not met. The decision under review was therefore affirmed.