The Trustee for Devlin Management Trust (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by The Trustee for Devlin Management Trust (the applicant) concerning the refusal of a nomination for a visa. The dispute centred on whether the applicant met the criteria for approving the nomination under the Migration Regulations 1994. The decision was made by Member Amanda Mendes Da Costa.

The primary legal issue before the Tribunal was to determine if the applicant satisfied the requirements for approving a nomination, specifically focusing on regulation 2.72 of the Migration Regulations 1994. This regulation mandates that the nominated position must be genuine and full-time, unless it is reasonable to disregard the full-time requirement. The Tribunal was required to assess whether the applicant had provided sufficient evidence to demonstrate that the nominated position was genuine.

The Tribunal's reasoning was based on the lack of current information provided by the applicant regarding their business and the nominated position, especially given the significant time lapse since the delegate's original decision. Citing *Cargo First Pty Ltd v MIBP* [2016] FCA 30, the Tribunal affirmed the necessity of qualitatively assessing the genuineness of a nominated position. As the applicant failed to satisfy the Tribunal that the position was genuine, a key criterion under regulation 2.72(10)(a) was not met. Consequently, the Tribunal found it unnecessary to consider the remaining criteria for nomination approval.

The Tribunal affirmed the decision under review to refuse the nomination.