Blue Glass Pebble Company Pty Ltd (Migration)

This matter concerned a review by the Tribunal of a decision to refuse the nomination of a position for a visa. The applicant, Blue Glass Pebble Company Pty Ltd, sought to nominate a Production Manager (Manufacturing) position for a nominee. The Tribunal was required to determine whether the applicant met the criteria for approval of this nomination, specifically whether the nominated position was genuine and aligned with the Australian and New Zealand Standard Classification of Occupations (ANZSCO) description for Production Manager (Manufacturing).

The legal issues before the Tribunal were whether the nominated position was genuine, as required by regulation 2.72(10)(a) of the Migration Regulations 1994, and whether the tasks of the position aligned with the ANZSCO description for Production Manager (Manufacturing). The Tribunal also considered whether the position was consistent with the nature and scale of the applicant's business operations. The applicant had declined an invitation to attend a review hearing, meaning the decision was made on the papers.

The Tribunal reasoned that while the applicant operated a successful business and the nominee was a valued employee, the scale of the applicant's business, which comprised only five staff members including two directors, cast doubt on whether the nominated position genuinely corresponded to that of a Production Manager (Manufacturing). Having carefully considered the submitted documentation, including market salary information, an employment contract, ASIC records, an organisational chart, a business sponsorship approval notice, the position description, and financial reports, the Tribunal was not satisfied that the tasks of the position aligned with the ANZSCO description or were consistent with the business's scale. Consequently, the Tribunal affirmed the decision to refuse the nomination.