G.A Shopfitting Equipments Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning the approval of a nominated position for a Subclass 457 (Temporary Work (Skilled)) visa. The applicant, G.A Shopfitting Equipments Pty Ltd, sought to nominate Ms. Yuan Chen for the role of Sales Manager. The core dispute revolved around whether the nominated position was genuine and met the relevant regulatory criteria for approval.

The Tribunal was required to determine if the nominated occupation of Sales Manager corresponded to an occupation specified in the relevant legislative instrument, IMMI 17/060, and if any caveats introduced to the Subclass 457 program on 19 April 2017 applied and were met. Specifically, the Tribunal had to consider whether the position was based in front-line retail, if the business’s annual turnover met the threshold, and if the nominated salary exceeded the minimum requirement, all in accordance with the updated instrument. Furthermore, the Tribunal needed to assess if there was any adverse information known to Immigration about the applicant or associated persons that could not be disregarded.

The Tribunal reasoned that the nominated occupation of Sales Manager was indeed listed in IMMI 17/060. It noted that the business had an annual turnover significantly exceeding AUD 1 million and that the nominated salary of AUD 70,000 was above the minimum threshold of AUD 65,000, thereby satisfying the caveats introduced in April 2017. The Tribunal also found no evidence of adverse information that could not be disregarded. The owner explained the business's evolution, the changing demands of its retail clients, and the strategic importance of the Sales Manager role in expanding the business and adapting to market shifts.

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