Acare Business Solutions Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a decision by the Minister to refuse the nomination of an Internal Auditor position by Acare Business Solutions Pty Ltd. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination under section 140GB(2) of the Act and regulation 2.72 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominated position of Internal Auditor was genuine, as required by regulation 2.72(10)(f). This involved a qualitative assessment of the position and a comparison with the nominated occupation to ascertain its authenticity. The Tribunal also considered whether the nominee possessed the necessary qualifications and registration or licensing for the role, and whether the applicant's preference for the nominee's knowledge of Thai law was relevant to the genuineness of the position.

The Tribunal reasoned that the nominated position, described as operating at an operational level, did not align with the typical responsibilities of an Internal Auditor as outlined in ANZSCO, which generally requires a bachelor's degree or higher and may necessitate registration or licensing. The Tribunal noted that the nominee did not hold the required registration or licensing and that the applicant's emphasis on the nominee's knowledge of Thai law suggested the position might not be a genuine Internal Auditor role as defined by Australian standards. The Tribunal affirmed the decision under review, finding that the applicant had not satisfied the criteria for the nomination to be approved.