AB TRADING CORP PTY LTD (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for approval of a nomination for a management consultant position under the medium-term stream. The applicant, AB Trading Corp Pty Ltd, sought approval for a nominee who was related to the company directors. The AAT was required to determine whether the nominated position was genuine and whether the nominee's occupation was applicable to the company's circumstances, particularly in light of a condition that stated the occupation was not applicable in a business with fewer than five employees.

The central legal issue was whether the nominated position of management consultant was a genuine position within AB Trading Corp Pty Ltd, and whether the tasks associated with that position were consistent with the Australian and New Zealand Standard Classification of Occupations (ANZSCO) for a management consultant, given the size of the company. The Tribunal also had to consider the applicability of the condition regarding businesses with fewer than five employees.

The Tribunal found that many of the tasks described for the management consultant role were already being performed by the company directors. This raised doubts about the genuine need for a separate management consultant. Furthermore, the Tribunal noted that the company had fewer than five employees, and the ANZSCO guidelines for management consultants often assume a larger organisational structure. Consequently, the Tribunal concluded that the nominated occupation was not applicable to the business in its current size and structure, and therefore the decision under review, which affirmed the refusal of the nomination, was upheld.