1612356 (Migration)

This matter concerned an application to review a decision to refuse the nomination of Mr Emad El Deen Jabara for the occupation of Customer Service Manager (ANZSCO 149212). The applicant sought to nominate Mr Jabara for a Subclass 457 visa. The core of the dispute before the Tribunal, presided over by Rania Skaros, was whether the nominated 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 met the criteria for approval of the nomination, specifically focusing on whether the position of Customer Service Manager was genuine. This involved assessing the evidence provided regarding the responsibilities of the role, the structure of the applicant's business, and the relationship between different business entities mentioned. The Tribunal also considered the applicant's explanation of the nominee's duties, including overseeing convenience stores, refining policies, managing staff, and providing training and motivation.

The Tribunal affirmed the decision to refuse the nomination. It found that the applicant had not satisfied the requirement that the nominated position be genuine. While the applicant provided details of the nominee's responsibilities and the business structure, including the existence of seven stores in Sydney and Melbourne and a staff of 14, the Tribunal was not satisfied that the position itself was genuine in the context of the regulatory requirements. The Tribunal concluded that the applicant had not met the applicable criteria for the nomination to be approved.