THE UNITED DENTAL CARE PTY LTD (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered a decision to refuse the approval of a nominated position for a medium-term stream visa. The applicant, THE UNITED DENTAL CARE PTY LTD, sought to have the nomination approved, but the Tribunal was required to determine whether the applicant met the criteria for such approval.

The central legal issue before the Tribunal was whether the nominated position was genuine and full-time, as required by regulation 2.72(10) of the Migration Regulations 1994. This involved a qualitative assessment of the position and a comparison with the nominated occupation, consistent with the approach approved in *Cargo First Pty Ltd v MIBP* [2016] FCA 30. The Tribunal also considered the requirement that the position be full-time, unless it was reasonable to disregard this.

The Tribunal found that it had insufficient information to properly consider the genuineness of the nominated position. Despite a request for further information, the applicant provided none, and the documents from the initial application in 2019 were considered no longer contemporary. Consequently, the Tribunal was not satisfied that the applicant had demonstrated the position was genuine, and therefore the requirements of regulation 2.72(10) were not met.

The Tribunal affirmed the decision not to approve the nomination.