Superior Rendering (VIC) Pty Ltd (Migration)

This matter concerned an application by Superior Rendering (VIC) Pty Ltd for the approval of a nomination for the occupation of Solid Plasterer under the Medium Term stream. The Tribunal, presided over by Member Nicola Findson, was required to determine whether the applicant met the criteria for approval of the nomination, specifically whether the nominated position was genuine and whether the applicant had the financial capacity to maintain the employment.

The primary legal issues before the Tribunal were whether the applicant had satisfied the requirements of regulation 2.72 of the Migration Regulations 1994, including demonstrating that the nominated position was genuine and that the applicant possessed the financial capacity to employ the nominee. The Tribunal had invited the applicant to provide updated and current information regarding these matters, as well as other criteria for nomination approval, but no response was received.

The Tribunal reasoned that as the applicant had failed to provide the requested information, it was unable to be satisfied that the applicant met the necessary criteria at the time of the decision. The delegate’s original decision had noted serious concerns about the applicant's financial capacity and a view that the nomination was lodged to achieve a migration outcome rather than to fill a genuine skill shortage. In the absence of any updated information from the applicant, the Tribunal concluded it could not be satisfied that the position was genuine or that the applicant had the financial capacity to maintain the employment. Consequently, the Tribunal affirmed the decision to refuse the nomination.