Evolution Partners (WA) Pty Ltd (Migration)

This matter concerned an appeal by Evolution Partners (WA) Pty Ltd against a decision to refuse the approval of a nominated position under the Direct Entry nomination stream. The applicant sought to nominate a position for a Secretary (General) (ANZSCO 521211).

The primary legal issue before the Tribunal was whether the nominated position's tasks corresponded to those of an occupation specified in the relevant legislative instrument, specifically IMMI 17/058, as required by regulation 5.19(4)(h)(i)(A) of the Migration Regulations 1994. The Tribunal also considered whether the tasks of the position were more closely aligned with those of a Receptionist (General) (ANZSCO 542111), as determined by the delegate.

The Tribunal reasoned that for a nomination to be approved under the Direct Entry stream, all requirements of regulation 5.19 must be met. While the nominee possessed the necessary qualifications for a Secretary (General), the description of the nominated position, derived from a Gumtree advertisement, indicated tasks such as providing administrative support, assisting with club operations, and administering program sectors. The Tribunal found that these tasks more closely correlated with the duties of a Receptionist (General) than a Secretary (General). Consequently, the Tribunal affirmed the decision under review to refuse the nomination.