TECH PLAS EXTRUSIONS PTY LTD (Migration)

This matter concerned an application for approval of a nomination for a visa, where the nominated occupation was Program or Project Administrator. The applicant sought to have the nomination approved, but the decision under review was not to approve it. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination, specifically focusing on whether the nominated position was genuine and full-time, and whether labour market testing requirements were met.

The Tribunal's reasoning centred on the requirements of Regulation 2.72(10) of the Migration Regulations 1994, which mandates that the nominated position must be genuine and full-time, unless it is reasonable to disregard the full-time requirement. The Tribunal noted that the applicant failed to provide contemporary evidence regarding its current commercial activities, having not responded to an invitation for further information. Consequently, the Tribunal was not satisfied that the nominee's position was consistent with the applicant's business or that the position was created for a purpose other than to secure a migration outcome, thus failing the "genuine" requirement. Furthermore, due to the lack of contemporary evidence, the Tribunal could not be satisfied that the position was full-time or that it was reasonable to disregard this requirement. The Tribunal also referred to the labour market testing requirements under Section 140GBA of the Act, though the primary reasons for affirming the decision related to the genuineness and full-time nature of the position.

Ultimately, the Tribunal affirmed the decision not to approve the nomination, finding that the applicant had not satisfied the applicable criteria under Regulation 2.72(10).