Estate Agents Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a case involving Estate Agents Pty Ltd (Migration) and a nomination for a Subclass 457 visa. The core dispute concerned whether the nominated position of Customer Service Manager was genuine, as required by migration regulations. The Tribunal was tasked with determining if the applicant met the criteria for approving the nomination, specifically in relation to the genuineness of the proposed employment.

The primary legal issue before the Tribunal was whether the position nominated by the applicant genuinely corresponded to the occupation of Customer Service Manager as defined by the Australian and New Zealand Standard Classification of Occupations (ANZSCO). This required a qualitative assessment of the proposed role's tasks and responsibilities against the indicative duties outlined in the ANZSCO for a Customer Service Manager. The Tribunal had to consider whether the actual job description and proposed duties aligned with the skill level and typical tasks associated with this occupation.

In reaching its decision, the Tribunal applied the principles established in *Cargo First Pty Ltd v MIBP* [2016] FCA 30, which permits a qualitative assessment of a nominated position against the relevant occupational classification. The Tribunal examined the ANZSCO description for Customer Service Manager, noting its indicative tasks such as developing policies, managing staff, and liaising with customers. It found that the evidence presented did not demonstrate that the proposed role encompassed a significant majority of these core managerial duties, suggesting that the lower-level tasks described were not commensurate with the nominated occupation. Consequently, the Tribunal was not satisfied that the position was genuine.

The Tribunal affirmed the decision to refuse the nomination, concluding that the applicant had not met the criteria for approval.