GroupGo Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a decision to refuse the nomination of an occupation by GroupGo Pty Ltd. The applicant, represented by a migration agent, sought approval for a nomination for the occupation of Marketing Specialist. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination under the Migration Regulations 1994.

The central legal issue was whether the nominated occupation of Marketing Specialist met the applicability conditions specified in the relevant instrument, IMMI 17/060, which applied to nominations made on or after 1 July 2017. Specifically, the Tribunal had to assess if the nominated position satisfied the requirements regarding base salary, business turnover, and the nature of the work setting, as outlined in the instrument.

The Tribunal found that the applicant failed to provide current information to demonstrate that the nomination met the applicable requirements. While the occupation of Marketing Specialist was listed in IMMI 17/060, it was subject to inapplicability conditions. The Tribunal noted that the nominated base salary of $60,000 was less than the required AUD $65,000, and there was insufficient current evidence to substantiate a business turnover of AUD $1 million. Consequently, the Tribunal was not satisfied that the nominated position met the applicability conditions as required by regulation 2.72(10)(aa) of the Migration Regulations 1994.

Accordingly, the Tribunal affirmed the decision under review to refuse the nomination, finding that the applicant had not met the applicable criteria for approval.