F & Sons Transport Pty Ltd (Migration)

This matter concerned an appeal by F & Sons Transport Pty Ltd against a decision to refuse the approval of a nomination for a Subclass 457 visa. The applicant sought to nominate Mr Sandeep Singh for the occupation of Customer Service Manager (ANZSCO 149212). The core of the dispute revolved around whether the nominated position was genuine and whether the duties described were consistent with the nominated occupation, particularly in light of a reduction in the business's turnover due to the closure of a main client.

The Tribunal was required to determine if the applicant met the criteria for the approval of the nomination, specifically focusing on whether the nominated position was genuine and if the duties performed by the nominee were consistent with the requirements of a Customer Service Manager as defined by ANZSCO. This involved assessing the applicant's submissions regarding the necessity of the role, the proposed salary, and the nominee's qualifications and experience against the regulatory requirements for employer nominations.

The Tribunal affirmed the decision to refuse the nomination. It found that while the nominee possessed relevant qualifications and experience, and the applicant had provided documentation such as an organisational chart and a position description, the duties outlined were not sufficiently consistent with the nominated occupation. The Tribunal noted that the business had experienced a significant reduction in turnover, which cast doubt on the genuineness of the need for a full-time Customer Service Manager performing the extensive duties described. The Tribunal concluded that the applicant had not satisfied the criteria for the approval of the nomination.