Suntree Solar & Electrical Pty Ltd (Migration)

This matter concerned an application by Suntree Solar & Electrical Pty Ltd for approval of a nomination for a position. The dispute arose when the delegate refused the nomination, finding that the nominee would not perform the full breadth of duties associated with the nominated occupation of Technical Sales Representative (ANZSCO 225499), and therefore the position was not genuine. The applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the nominated position was genuine, as required by regulation 2.72(10)(f) of the Migration Regulations 1994. This involved a qualitative assessment of the position and a comparison with the nominated occupation, as guided by the principles in *Cargo First Pty Ltd v MIBP* [2016] FCA 30. The Tribunal also considered evidence relating to changes in company directorship and the signing of company documents by an individual who was no longer a director at the time.

The Tribunal affirmed the delegate's decision to refuse the nomination. The Tribunal found that the applicant had not provided sufficient documentation to satisfy the criteria, particularly concerning the genuineness of the position. The Tribunal noted discrepancies in documentation, including the signing of company tax returns and certificates of excellence by a former director, which were explained as administrative errors. However, these explanations did not overcome the fundamental issue of the delegate's dissatisfaction that the nominee would perform the full duties of the nominated occupation. Consequently, the Tribunal was not satisfied that the applicant met the applicable criteria for the nomination to be approved.