WN Cleaning Pty Ltd (Migration)

This matter concerned an application by WN Cleaning Pty Ltd for approval of a nomination for a Subclass 457 visa. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for approval of the nomination, specifically whether the nominated position was genuine, as required by regulation 2.72(10)(f) of the Migration Regulations 1994. The Department of Immigration had previously refused the nomination application.

The Tribunal considered the nature of WN Cleaning Pty Ltd, a small cleaning company with only three employees, and the duties typically associated with a Corporate General Manager as outlined in the ANZSCO occupational dictionary. The Tribunal noted that the nomination application was lodged in December 2015 and refused by the Department in June 2016. The applicant was subsequently invited by the Tribunal in November 2017 to provide information demonstrating compliance with regulation 2.72, with a response due by December 2017. No response was received by January 2017, and the Tribunal proceeded to make a decision based on the available evidence.

The Tribunal found that there was no quantifiable evidence to establish a genuine need for a Corporate General Manager within WN Cleaning Pty Ltd, given its size and operational scope. The Tribunal also noted the lack of response to its request for further information and the absence of any request for an extension of time. Consequently, the Tribunal affirmed the decision to refuse the nomination.