AUSTRALIA MANOLITE PTY LTD (Migration)

This matter concerned an appeal by Australia Manolite Pty Ltd against a decision to refuse the nomination of a Sales and Marketing Manager position. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination, specifically whether the nominated position was genuine, as stipulated by regulation 2.72(10)(f) of the Migration Regulations 1994.

The Tribunal considered the documentation provided by the applicant, including an employment agreement, marketing plans, leasing documents, job advertisements, financial records, and employee emails. It noted that the nominated role of Sales and Marketing Manager, as defined by ANZSCO, is a high-level strategic position typically found in complex business environments with substantial staff and resources. The Tribunal found that while the applicant company had outlined objectives for growth and expansion, there was insufficient evidence to demonstrate the implementation of these objectives since 2016. Furthermore, the Tribunal attempted to contact the applicant for further information but received no response, which meant the applicant was not afforded a fair opportunity to provide relevant information.

The Tribunal concluded that it was not satisfied that the nominated position was genuine, a key criterion for nomination approval under regulation 2.72(10)(f). The lack of a response to the Tribunal's attempts to contact the applicant also contributed to the decision, as it indicated a failure to provide a fair opportunity to present necessary information. Consequently, the Tribunal affirmed the original decision to refuse the nomination.