1515176 (Migration)

This matter concerned a review of a decision to refuse a nomination for a Subclass 457 visa. The applicant, 136 The Parade Pty Ltd, sought to nominate an individual for the occupation of Corporate Services Manager. The company, registered in September 2014, is involved in commercial leasing and land development, owning a retail/commercial building with multiple tenants. The director, Mr Hong Tao Liu, stated the business was making a small profit with a turnover of approximately $400,000.

The primary legal issue before the Tribunal was whether the nominated position for Corporate Services Manager was genuine, as required by regulation 2.72(10)(f) of the Migration Regulations 1994. This required the Tribunal to assess if the role described aligned with the duties and responsibilities of a Corporate Services Manager as defined by ANZSCO, and if the applicant's role within the company genuinely reflected such a position.

The Tribunal found that the requirements of regulation 2.72(10)(f) were not met. While acknowledging the business was lawfully operating, the Tribunal noted that Mr Liu, the sole director, described his role as Chairman of the Board. The management of leases, tenants, rental contracts, rent collection, and financial reporting was outsourced to Mr Murray Munro, the Managing Director of Murray Munro Property Group, who was remunerated by commission. The Tribunal concluded that the tasks described for the nominated Corporate Services Manager, which include planning, organising, directing, controlling, and coordinating overall administration, developing and managing resources, and analysing complex resource management issues, were not demonstrably performed by Mr Liu in his capacity as Chairman or within the company's structure. Consequently, the Tribunal affirmed the decision to refuse the nomination.