TIAN YI CHENG PTY. LTD (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by TIAN YI CHENG PTY. LTD concerning the approval of a nominated position for an Accountant (General). The core of the dispute was whether the nominated position was genuine and met the regulatory requirements for sponsorship.

The Tribunal was required to determine if the applicant met the criteria for approval of the nomination, specifically focusing on whether the nominated position was genuine and full-time, as stipulated by regulation 2.72(10) of the Migration Regulations 1994. This involved assessing the nature of the position against the nominated occupation and considering the applicant's compliance with requests for updated information.

The Tribunal affirmed the decision to refuse the nomination because the applicant failed to provide crucial updated information requested by the Tribunal regarding the nominated position, the business structure, and financial circumstances. Citing the principle from *Cargo First Pty Ltd v MIBP* [2016] FCA 30, which allows for a qualitative assessment of a position's genuineness, the Tribunal found it could not be satisfied that the position was genuine due to the lack of current information. As the genuineness of the position is an essential criterion under reg 2.72(10)(a), the Tribunal concluded that this requirement was not met, rendering it unnecessary to consider other criteria.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination.