Customcare Health Pty Ltd (Migration)

This matter concerned an appeal by Customcare Health Pty Ltd against a decision not to approve its nomination for a Customer Service Manager position. The nominator, a compounding pharmacy operating since 2005, specialised in providing customised medication to clinics and hospitals, as well as serving retail and online customers. The business employed 29 staff across its retail and compounding arms. The proposed nominee, Ms Kwai Ling Wong, is the sister of one of the business owners.

The primary legal issue before the Tribunal was whether the applicant met the criteria for approval of the nomination, specifically concerning the genuineness of the nominated position and its alignment with specified occupations under relevant migration regulations. This involved assessing whether the role was predominantly based in front-line retail, whether the business met turnover thresholds, and if the nominated salary exceeded the minimum requirements. The Tribunal also considered whether there was any adverse information concerning the applicant or associated persons, and whether the nominated occupation corresponded to an occupation specified in the relevant instrument, taking into account any applicable caveats.

The Tribunal reasoned that while the business had a retail arm, the nominated Customer Service Manager position was not based in front-line retail selling. It accepted that the role involved training and advising retail staff and resolving customer satisfaction issues, but concluded this did not equate to predominantly direct client transactional interaction. The Tribunal found that the business's annual turnover of over AUD 11 million and the nominated salary of AUD 68,000 exceeded the minimum thresholds stipulated in the relevant instrument for the occupation. Furthermore, no adverse information was presented, and the nominated occupation of Customer Service Manager was found to correspond to an occupation specified in the applicable instrument, with the caveats for front-line retail, turnover, and salary not being triggered.

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