Veamos Olemer PTY LTD (Migration)

The Administrative Appeals Tribunal, with Member Michelle East presiding, considered the case of Veamos Olemer PTY LTD concerning a migration nomination. The dispute centred on whether the applicant met the criteria for the approval of a nomination for a Subclass 457 visa. The core issue was whether the nominated position was genuine, a requirement stipulated by regulation 2.72(10)(f) of the Migration Regulations 1994.

The Tribunal was required to determine if the nominated position for a Chef was genuine, having regard to the evidence presented. This involved a qualitative assessment of the position and its duties in comparison to the nominated occupation, a methodology endorsed in *Cargo First Pty Ltd v MIBP* [2016] FCA 30. The Tribunal also considered the circumstances that the sponsor no longer owned or operated the business and that no position was available to the nominee.

The Tribunal reasoned that the requirements of regulation 2.72(10)(f) were not met because the sponsor no longer owned and operated the business and there was no position available for the nominee. This finding was based on the delegate's assessment of the evidence, which indicated that the nominee would not be regularly performing the duties of a Chef given the existing staffing levels. Consequently, the Tribunal was not satisfied that the applicant met the applicable criteria for the nomination to be approved.

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