BOCCACCIO PTY LTD (Migration)

This matter concerned an appeal by BOCCACCIO PTY LTD against a decision not to approve its nomination for a visa. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination under the Migration Regulations 1994, specifically concerning the nominated occupation of Retail Buyer.

The legal issues before the Tribunal were whether the nominated occupation corresponded to a specific occupation within the relevant instrument, whether the duties of the nominated position aligned with the ANZSCO description for a Retail Buyer, and whether the terms and conditions of employment were favourable and the position genuine. The Tribunal also considered whether the nomination complied with the prescribed process, if the nominator was a standard business sponsor, and if the nominee was correctly identified.

The Tribunal found that the applicant company had followed the correct nomination process, was an approved standard business sponsor, and had correctly identified the nominee. Crucially, the Tribunal was satisfied that the nominated occupation of Retail Buyer and its corresponding ANZSCO code appeared on the relevant list and that a caveat introduced in April 2017 did not apply. This conclusion was based on evidence demonstrating that the nominee's role did not primarily involve front-line retail or direct client transactional interaction, but rather liaison with suppliers. The Tribunal accepted that the business operated a large supermarket and liquor store, employed other Retail Buyers, and that the nominee's duties were consistent with the ANZSCO description for the occupation.

Consequently, the Tribunal set aside the decision not to approve the nomination and substituted a decision that the nomination be approved.