Girchow Enterprises Pty Ltd (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application by Girchow Enterprises Pty Ltd (the applicant) for review of a decision to refuse its nomination for a position. The applicant sought approval of a nominated position under regulation 2.72 of the Migration Regulations 1994, which is a prerequisite for certain visa applications. The core of the dispute revolved around whether the nominated position, identified as "Other Sports Coach or Instructor," genuinely corresponded to the tasks and duties of that occupation as defined by the Australian and New Zealand Standard Classification of Occupations (ANZSCO).

The Tribunal was required to determine if the applicant met the criteria for the approval of its nomination, specifically whether the nominated occupation and its corresponding ANZSCO code accurately reflected the actual duties of the position. This involved assessing whether the majority of tasks performed in the nominated position aligned with the defined tasks of the "Other Sports Coach or Instructor" occupation. The Tribunal also considered updated business information provided by the applicant concerning the tasks of the nominated position.

The Tribunal's reasoning focused on the discrepancy between the nominated occupation and the actual duties performed. It noted that while the nominated occupation and its code corresponded to a specified occupation, the position did not include the majority of the tasks associated with that occupation. The Tribunal applied the requirements of regulation 2.72 and section 140GB of the Migration Act 1958, which mandate that the nominated position must substantially align with the nominated occupation. Based on the evidence, the Tribunal was not satisfied that this criterion was met.

Consequently, the Tribunal affirmed the original decision to refuse the nomination.