CHISAPAT PTY LTD (Migration)

The Administrative Appeals Tribunal considered a migration matter involving CHISAPAT PTY LTD, which sought approval for an employer nomination. The dispute centred on whether the nominated position of Transport Company Manager met the relevant criteria for approval under migration regulations.

The Tribunal was required to determine if the nominated occupation and its associated code corresponded to a specified occupation in the applicable instrument, IMMI 17/060. Furthermore, it needed to assess whether any inapplicability conditions, introduced for certain specified occupations, were met. These conditions included whether the position predominantly involved low-skilled tasks, whether the business had an annual turnover of less than AUD1,000,000, and whether the business had fewer than 5 employees.

The Tribunal reasoned that while the nominated occupation was listed in IMMI 17/060 and did not require specific organisational support, the inapplicability conditions were critical. The evidence presented indicated that the business's annual turnover for the financial years ending 30 June 2017 and 30 June 2018 was significantly below the AUD1,000,000 threshold. Although the applicant stated there were 6 employees plus casual staff, the Tribunal found that the turnover figures alone meant the nomination did not meet the applicable criteria. The Tribunal also briefly considered the nature of the tasks, noting the applicant's occasional truck driving but also his management responsibilities.

Consequently, the Tribunal was not satisfied that the applicant met the applicable criteria for the nomination to be approved and therefore affirmed the decision to refuse the nomination.