Anytime Offices Management Pty Ltd (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application for review of a decision made by the Department of Home Affairs. The applicant, Anytime Offices Management Pty Ltd, sought approval of a nomination for a position under a skilled migration program. The nominee was proposed to fill the role of a Business Development Manager. The core of the dispute concerned whether the nominated position was genuine and whether the nominee was appropriately qualified and experienced for it, particularly in light of the nominee's status as a co-owner of the business and the impact of COVID-19 restrictions on business operations.

The Tribunal was required to determine whether the nominated position of Business Development Manager was a genuine position that met the requirements of the relevant migration regulations. Specifically, the Tribunal had to assess whether the duties and responsibilities outlined for the position aligned with the Australian and New Zealand Standard Classification of Occupations (ANZSCO) description for a Business Development Manager, and whether the business had a genuine need for such a role. Furthermore, the Tribunal had to consider the nominee's qualifications and experience in relation to the nominated position, and whether their co-ownership of the business impacted the genuineness of the employment.

In its reasoning, the Tribunal found that the evidence presented did not sufficiently demonstrate that the nominated position was genuine. While the nominee possessed relevant qualifications and experience, the Tribunal noted that the business's future plans and the demands placed upon it during COVID-19 restrictions raised questions about the necessity of the specific role as described. The Tribunal also considered the nominee's dual role as a co-owner and employee, and how this might affect the perception of the position's genuineness. Ultimately, the Tribunal concluded that the decision under review was not supported by adequate evidence and therefore set it aside.