1507460 (Migration)

Case

[2016] AATA 4700

29 November 2016


Details
AGLC Case Decision Date
1507460 (Migration) [2016] AATA 4700 [2016] AATA 4700 29 November 2016

CaseChat Overview and Summary

The Tribunal considered whether an applicant met the criteria for approval of a nomination for a Corporate Services Manager position. The primary issue was whether the nominated position was genuine and consistent with the duties of a Corporate Services Manager as defined by ANZSCO.

The Tribunal was required to determine if the proposed duties and salary for the nominated position aligned with the ANZSCO definition of a Corporate Services Manager, a Skill Level 1 occupation. Specifically, the Tribunal needed to assess if the role involved the high-level administrative, strategic planning, and operational support characteristic of such a position, or if it was more akin to an importer or store manager role. The proposed salary of $55,000 per annum was also a point of consideration in relation to the expected salary range for a Corporate Services Manager.

The Tribunal found that while the business had expanded and experienced increased turnover, the duties described for the nominated position did not fully align with the responsibilities of a Corporate Services Manager. The Tribunal noted that the owner intended to retain responsibility for strategic planning, and many of the proposed duties, such as sourcing products, negotiating prices, managing store staff, overseeing rosters, and ensuring stock levels, were more characteristic of an importer or store manager. Furthermore, the proposed salary was considered to be at the lower end for a Corporate Services Manager. Consequently, the Tribunal was not satisfied that the nominated position was genuine or that the applicant met the applicable criteria for nomination approval.

The Tribunal affirmed the decision to refuse the nomination.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Procedural Fairness

  • Statutory Construction

  • Jurisdiction

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