1603974 (Migration)

This matter concerned an appeal to the Tribunal regarding a decision to refuse a nomination. The applicant, who operates a truck washing business, nominated Mr Niteshkumar Patel for the position of Customer Service Manager (ANZSCO 1492-12). The core of the dispute was whether the nominated position met the criteria for approval, specifically whether the position was genuine as required by regulation 2.72(10)(f) of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant had satisfied the criteria for the approval of the nomination, as stipulated by section 140GB(2) of the Migration Act 1958 and regulation 2.72 of the Migration Regulations 1994. The central legal issue was whether the nominated position of Customer Service Manager within the applicant's truck washing business was a genuine position that met the requirements of the regulations, particularly regulation 2.72(10)(f) which mandates that the position associated with the nominated occupation must be genuine.

The Tribunal affirmed the decision to refuse the nomination. It considered the duties outlined in the ANZSCO description for a Customer Service Manager and compared them to the duties listed in the contract of employment between the applicant and the nominee. The Tribunal found that the duties described for the nominee, which included managing personnel, handling scheduling, and overseeing client service issues within a truck wash facility, did not align with the typical responsibilities of a Customer Service Manager as defined by ANZSCO, which focuses on organising and controlling call centre operations, reviewing customer services, and maintaining customer relations. Consequently, the Tribunal was not satisfied that the nominated position was genuine, and therefore the applicant did not meet the applicable criteria for the nomination to be approved.