1512078 (Migration)

This matter concerned an application to review a decision to refuse the nomination of Mr Yang for the occupation of Marketing Specialist (ANZSCO Code 225113) under a Subclass 457 visa. The Tribunal was required to determine whether the applicant met the criteria for the approval of this nomination, specifically focusing on whether the nominated position was genuine.

The primary legal issue before the Tribunal was whether the nominated position for a Marketing Specialist was genuine, as required by regulation 2.72(10)(f) of the Migration Regulations 1994. This required an assessment of the nominated occupation against the description and tasks outlined in the ANZSCO framework for Unit Group 2251, Advertising and Marketing Professionals.

The Tribunal affirmed the decision to refuse the nomination. It found that the applicant had not satisfied the criteria for approval, as the position associated with the nominated occupation was not considered genuine. The Tribunal's reasoning, though not fully detailed in the provided text, led to the conclusion that the requirements of regulation 2.72 had not been met.