FAST FACILITIES SERVICES PTY LTD (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination for a Corporate Services Manager position. The applicant, Fast Facilities Services Pty Ltd, sought to nominate Mauro Pereira Carlos for this role. The delegate had refused to approve the nomination, forming the view that the position was created solely to facilitate the nominee's migration rather than to fill a genuine vacancy or skills shortage.

The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination, specifically whether the nominated occupation was genuine and whether the applicant had satisfied the requirements of relevant regulations, including those pertaining to the nominated occupation's correspondence with specified instruments and the applicant's business circumstances. The Tribunal also considered whether any adverse information known to Immigration necessitated disregarding the nomination.

The Tribunal reasoned that the applicant had provided the necessary certification and that no adverse information was known to Immigration. It found that the nominated occupation, Corporate Services Manager (ANZSCO 132111), was specified in the relevant instrument, IMMI 17/060. The Tribunal examined specific items within this instrument concerning the nominated base salary, annual turnover, and employee numbers. Based on evidence of a projected salary increase to $80,000 per year and a 2017 financial year turnover exceeding $1,000,000, the Tribunal concluded that certain restrictive items within the instrument did not apply. The Tribunal was satisfied that the position was genuine and that all applicable criteria for the nomination were met.

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