BRIDGE BLUE PTY LTD (Migration)

The Administrative Appeals Tribunal considered an application by Bridge Blue Pty Ltd for approval of a nomination for a medium-term stream position as an accountant. The dispute centred on whether the nominated position was genuine and whether the nominee's duties and qualifications aligned with the ANZSCO occupation description for an accountant, particularly within the context of the applicant's business operations. The delegate had previously refused to approve the nomination, finding that the majority of the nominee's tasks did not align with the typical duties of an accountant in larger organisations and that the applicant's business, dealing primarily with Mongolian clients in education, migration, and internships, did not demonstrate significant financial transactions.

The Tribunal was required to determine if Bridge Blue Pty Ltd met the criteria for approval of the nomination under section 140GB(2) of the Migration Act 1958 and regulation 2.72 of the Migration Regulations 1994. This involved assessing whether the applicant was an approved work sponsor, had paid any applicable nomination training contribution charge, and whether labour market testing requirements were met. Crucially, the Tribunal had to re-evaluate the delegate's findings regarding the genuineness of the nominated position and its alignment with the nominee's qualifications and the applicant's business operations, considering the detailed evidence provided by both the nominator and the nominee.

The Tribunal reasoned that the delegate's interpretation of the accountant occupation was too narrow, failing to acknowledge that such positions can exist and be genuine within small to medium-sized businesses. It considered the nominee's Master's level qualification in professional accounting, advanced diploma qualifications, and prior accounting experience in both Mongolia and Australia, finding these to be commensurate with the nominated occupation. The Tribunal also noted the applicant's submission that a significant proportion of the nominee's duties were not merely clerical and that the position fit into the business on a broader scale. Furthermore, the Tribunal confirmed that the applicant met the requirements of regulation 2.72, including being a standard business sponsor, having no adverse information known to Immigration, and having paid any relevant debts. The nominated occupation of accountant (ANZSCO Code: 221111) was also found to be specified in the relevant instrument in force at the time of the application.

Consequently, the Tribunal set aside the delegate's decision not to approve the nomination and substituted a decision approving the nomination.