Federal Court. 457 nomination applicant (i.e. sponsor) was required to satisfy r 2.72(10)(f), which provided: "the position associated with the nominated occupation is genuine". Does that provision require that the position has existed in the past in the sponsoring business or that it has been filled by anyone?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Does r 2.72(10)(f) of the Migration Regulations 1994 (Cth) entail consideration of whether the position exists and also whether the position is really what it purports to be?
Question 2: If the answer to Question 1 is "yes", does the latter consideration involve a comparison of the qualitative analysis of the position with the occupation which has been nominated by the proposed sponsor?
Question 3: Does r 2.72(10)(f) require that the position has existed in the past in the sponsoring business or that it has been filled by anyone?
The FCA answered those questions as follows: