The Trustee for Guru Tegh Bahadur Unit Trust (Migration)

The Administrative Appeals Tribunal (C. Packer) considered a review of a decision to refuse the nomination of an occupation for a visa. The applicant, The Trustee for Guru Tegh Bahadur Unit Trust, sought to have a nomination approved. The dispute centred on whether the applicant met the criteria for approval of the nomination, specifically concerning the genuineness of the nominated position.

The primary legal issue before the Tribunal was to determine if the applicant satisfied the requirements of regulation 2.72 of the Migration Regulations 1994, which governs the criteria for the approval of nominations for certain temporary visas. This included assessing whether the nominated position was genuine and full-time, as stipulated by regulation 2.72(10)(a) and (b). The Tribunal also had to consider whether the applicant had provided sufficient and current information to satisfy these criteria.

The Tribunal's reasoning focused on the applicant's failure to provide updated information when requested by the Tribunal pursuant to section 359 of the Migration Act 1958. Despite being invited to provide current information addressing the requirements of regulation 2.72, the applicant had not submitted any new details since March 2021. In the absence of current information regarding the applicant, the business, and the nominee, the Tribunal was not satisfied that the position associated with the nominated occupation was genuine. The Tribunal applied the principle that a qualitative assessment of the position is required to determine its genuineness, referencing *Cargo First Pty Ltd v MIBP* [2016] FCA 30. As the requirements of regulation 2.72(10) were not met, the Tribunal affirmed the original decision.

The Tribunal affirmed the decision not to approve the nomination.