TDX Pty Ltd (Migration)

This matter concerned an application by TDX Pty Ltd for approval of a nomination for a visa. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination, specifically whether the nominated position was genuine and full-time, as required by regulation 2.72(10)(a) and (b) of the Migration Regulations 1994.

The central issue was whether the nominated position was genuine and full-time, given the applicant's failure to provide updated information. The Tribunal had invited the applicant to submit current information addressing the nomination requirements, but no such information was provided within the prescribed period or by the date of the decision. The most recent information available to the Tribunal dated back to late 2018, rendering it outdated.

The Tribunal reasoned that without current information demonstrating the applicant's intention to fill the nominated position on a full-time basis, it could not be satisfied that the position was genuine or full-time. This conclusion was informed by the principle that a qualitative assessment of the position is required to determine its genuineness, as considered in *Cargo First Pty Ltd v MIBP* [2016] FCA 30. Consequently, the Tribunal found that regulation 2.72(10)(a) and (b) were not met.

The Tribunal affirmed the decision not to approve the nomination, as it was not satisfied that the applicant met the applicable criteria. The Tribunal did not consider other potential grounds for refusal, having made findings on these specific requirements.