CANBERRA FRESH GROUP PTY LTD ATF CANBERRA FRESH GROUP TRUST (Migration)

This matter concerned an appeal by CANBERRA FRESH GROUP PTY LTD ATF CANBERRA FRESH GROUP TRUST against a decision not to approve a nomination for a visa. The core dispute revolved around whether the nominated occupation of Customer Service Manager was genuine and aligned with the requirements of the Australian and New Zealand Standard Classification of Occupations (ANZSCO). The case was heard by Senior Member John Cipolla.

The legal issues before the Tribunal were whether the nominated position for a Customer Service Manager was genuine, as required by regulation 2.72(10)(f) of the Migration Regulations 1994, and whether the proposed duties of the nominee substantially aligned with the tasks described in the ANZSCO for that occupation. The Tribunal was required to assess if the scale and activities of the nominating business were sufficient to necessitate a role of this specialised nature.

The Tribunal reasoned that the intention of regulation 2.72(10)(f) is to ensure that nominated positions are in skilled occupations and are genuinely needed by the employer. While the Departmental delegate acknowledged some duties were consistent with a Customer Service Manager, they found a substantial misalignment between the nominee's proposed tasks and the ANZSCO requirements. Evidence from a Director indicated the business was primarily a retail wholesale fruit and vegetable market, with a Store Manager overseeing stock, displays, and staff, and other employees performing general retail duties. The Tribunal concluded that the business's scale and activities did not support the need for a Customer Service Manager role as defined by ANZSCO, which typically involves policy development, program review, and leadership of customer service teams.

Consequently, the Tribunal affirmed the decision not to approve the nomination, finding that the applicant had not met all applicable criteria.