1512040 (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nominated position for a retail manager. The applicant company sought approval for the nomination, which had been initially refused by the delegate. The delegate's refusal was based on a lack of evidence supporting a genuine vacancy and the need for the applicant to oversee business expansion.

The Tribunal was required to determine whether the nominated position of retail manager met the requirements of Regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal considered whether there was a genuine need for the nominator to employ a paid employee to work in the position under their direct control, and whether the position was located in regional Australia. The Tribunal also examined the requirements relating to no adverse information known to Immigration, satisfactory compliance with workplace relations laws, and the tasks of the position corresponding to an occupation at ANZSCO skill level 2.

The Tribunal reasoned that while the delegate had concerns about the initial evidence, subsequent documentation, including financial statements, business plans, and an updated organisational chart, demonstrated a genuine need for a retail manager. The Tribunal noted that the nominated position was located in Mittagong, NSW, which is considered regional Australia. Furthermore, the Tribunal found that the applicant had met the requirements concerning adverse information, workplace relations compliance, and that the tasks of the position aligned with the ANZSCO definition of a Retail Manager (General) at skill level 2.

Consequently, the Tribunal set aside the delegate's decision and substituted a decision approving the nomination for the position of retail manager.