1503254 (Migration)

The applicant sought review of a decision not to approve a nomination for a Subclass 457 visa. The core dispute concerned whether the nominated position of Customer Service Manager was genuine and met the requirements of the Migration Regulations 1994. The matter came before the Tribunal for determination.

The Tribunal was required to consider whether the applicant had satisfied the criteria for approval of the nomination, specifically focusing on whether the nominated position was genuine, as stipulated by r.2.72(10)(f), and whether the terms and conditions of employment for the nominee were no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work, as per r.2.72(10)(c). Additionally, the Tribunal had to assess compliance with requirements regarding the specified occupation (r.2.72(10)(aa)) and the absence of adverse information (r.2.72(9)).

The Tribunal reasoned that the applicant had provided sufficient evidence to demonstrate the genuineness of the Customer Service Manager position. This included a detailed job description, a list of corporate clients, emails between clients and the nominee, policies and procedures, phone bills, and an explanation of the role's importance. Furthermore, the Tribunal considered the proposed employment agreement, the applicant's financial report showing substantial income and salary expenditure, and the nominee's bank statements, which collectively indicated that the terms and conditions of employment, including salary, were not less favourable than those for an equivalent Australian worker. The Tribunal was satisfied that the nominated occupation and its code were specified in the relevant instrument and that no adverse information was known.

Consequently, the Tribunal set aside the decision not to approve the nomination and substituted a decision that the nomination be approved.