1509886 (Migration)

This matter concerned an application by a business for approval of a nomination for a Marketing Specialist (ANZSCO Code 225113) under section 140GB of the Act. The applicant sought to nominate Sijia Liu for the position, stating a base rate of pay and guaranteed annual earnings of $65,000. The applicant provided various documents, including advertisements, an offer letter, and a methodology for calculating guaranteed earnings, asserting the nominated role was genuine and commensurate with the nominee's skills and the market rate. The Department requested further information regarding the genuineness of the position, to which the applicant responded by detailing its business operations, annual sales, and its intention to hire an in-house marketing coordinator to enhance its marketing strategies. The Administrative Appeals Tribunal (the Tribunal) considered the application and the evidence presented.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the approval of the nomination under the Migration Regulations 1994, specifically Regulation 2.72. This involved determining if the nominated position was genuine, if the remuneration offered met the required standards, and if the nominee's qualifications and experience were commensurate with the nominated occupation. The Tribunal was required to assess the evidence against the regulatory requirements for a standard business sponsor nominating an occupation for a Subclass 457 visa.

The Tribunal affirmed the decision to refuse the nomination. It found that the applicant had not satisfied the applicable criteria under Regulation 2.72. While the applicant provided information about the nominee's qualifications and the business's expansion plans, the Tribunal was not satisfied that the nominated position was genuine or that the remuneration met the legislative requirements. The Tribunal concluded that the applicant had failed to demonstrate that the nomination met all the necessary criteria for approval.