CAROLINE K MORGAN PTY LTD (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning the approval of a nominated position for a migration visa. The applicant, Caroline K Morgan Pty Ltd, sought to nominate an individual for the occupation of Customer Service Manager under the Short-term stream. The core dispute revolved around whether the nominated position and the applicant met the various regulatory requirements for such a nomination.

The Tribunal was required to determine if the applicant 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. Specifically, this involved assessing whether the applicant was an approved work sponsor, had paid any applicable nomination training contribution charge, and had met the labour market testing requirements. Further, the Tribunal had to consider if the nomination complied with the prescribed process under Regulation 2.73, if there was any adverse information known to Immigration, and if the nominated occupation, Customer Service Manager (ANZSCO 149212), was specified in the relevant legislative instrument and subject to any inapplicability conditions.

The Tribunal found that the applicant met all the necessary criteria. It was satisfied that the nomination was made in accordance with the prescribed process, including the use of the approved form, payment of fees, and the provision of required certifications regarding the nominee's qualifications, the genuineness of the position, and compliance with employment laws. The Tribunal also noted the absence of adverse information concerning the applicant and confirmed that the applicant was a current approved standard business sponsor. Crucially, the Tribunal addressed the inapplicability conditions for the Customer Service Manager occupation, finding that the nominated annual earnings exceeded AUD65,000, the position was not based in a front-line retail setting or predominantly involving direct client transactional interaction, and the business turnover significantly exceeded AUD1,000,000.

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