The Trustee for the AG Unit Trust (Migration)

The Administrative Appeals Tribunal reviewed a decision to refuse the nomination of a position by The Trustee for the AG Unit Trust. The applicant sought approval for a nominated position under the Direct Entry nomination stream of the Migration Regulations 1994. The core of the dispute centred on the applicant's failure to provide requested information and submissions regarding the nominated occupation.

The Tribunal was required to determine whether the applicant had met all the requirements for the approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to consider if the applicant had provided sufficient information to satisfy the Tribunal that there was a genuine need for the nominated occupation and that the applicant had complied with the procedural requirements, including responding to a request for further information within the prescribed period.

The Tribunal's reasoning focused on the applicant's non-compliance with a request for information made under section 359(2) of the Migration Act 1958. The Tribunal had invited the applicant to provide detailed information concerning the nominated position, the business operations, and employment terms, with a deadline of 4 October 2022. As the applicant failed to provide this information within the stipulated timeframe and did not seek an extension, the Tribunal was empowered to make a decision without further information. The Tribunal applied section 359C and 360(3) of the Act, which, in the absence of a hearing entitlement, allowed the Tribunal to proceed to a decision based on the available material.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination, finding that the applicant had not satisfied the requirements of regulation 5.19(4) due to the lack of information and the failure to demonstrate a genuine need for the nominated occupation.