Training Materials Used By Department Of Home Affairs Officers In Assessing The Genuineness Of Nominated Positions Under Regulation 2.72(10)(a) Of The Migration Regulations 1994 As It Applies To…

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The Department of Home Affairs released training materials outlining how officers assess whether nominated positions under Subclass 482 (Skills in Demand) visa nominations are genuine under Migration Regulations 1994 Regulation 2.72(10)(a). The guidance establishes that "genuine" means real and authentic, requiring assessment of whether positions truly exist and align with ANZSCO (2022) occupation descriptions. Officers may accept sponsor certifications at face value when positions clearly fit ANZSCO descriptions, evidence shows how positions were created or became vacant, or positions were advertised through transparent labour market testing. Further assessment is warranted when positions appear created solely to secure migration outcomes, when tasks misalign with nominated occupations, or when inconsistencies exist with business activities. The training clarifies that genuineness is not a test of commercial necessity and emphasizes officers must justify assessments based on available evidence rather than absence of specific documentation.