Visual Interior Designs Pty Ltd (Migration)

This matter concerned an appeal by Visual Interior Designs Pty Ltd (the applicant) against a decision to refuse its nomination for a skilled visa. The applicant had nominated a position for a Fibrous Plasterer. The core of the dispute was whether the nominated position was genuine, as required by migration regulations.

The Tribunal was required to determine if the applicant met the criteria for approval of the nomination, specifically whether the position associated with the nominated occupation was genuine, pursuant to regulation 2.72(10)(f) of the Migration Regulations 1994. This involved a qualitative assessment of the nominated position in comparison with the occupation itself, as established in *Cargo First Pty Ltd v MIBP* [2016] FCA 30.

The Tribunal noted that the applicant had failed to provide requested updated and current information regarding its business, the nominated position, and its financial circumstances, despite being invited to do so. In the absence of this information, the Tribunal was unable to be satisfied that the business could financially support the position or that the business was operating at a level consistent with the nominated position being genuine. The Tribunal applied the principle that it must be satisfied that all relevant criteria are met at the time of its decision.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination, finding that the requirements of regulation 2.72(10)(f) were not met due to the lack of evidence demonstrating the genuineness of the nominated position.