Gunawan (Migration)

This matter concerned an appeal by Yosia Sucanto Gunawan against a decision of the Administrative Appeals Tribunal regarding his Subclass 187 (Regional Sponsored Migration Scheme) visa application. The dispute centred on whether the nominated position of Retail Manager met the requirements of the relevant migration regulations.

The court was required to determine whether the nominated position of Retail Manager, as performed by Mr Gunawan, satisfied the criteria set out in clauses 187.223 and 187.233 of Schedule 2 to the Migration Regulations. Specifically, the court needed to assess if the duties performed by Mr Gunawan aligned with the responsibilities of a Retail Manager as contemplated by the regulations, and if the nominating sponsor's business met the necessary criteria for sponsorship.

The court found that the evidence presented, including the applicant's stated duties and the nominating sponsor's business details, supported the conclusion that the nominated position met the regulatory requirements. The duties listed, such as determining product mix, implementing purchasing and marketing policies, promoting goods and services, selling to customers, maintaining records, undertaking budgeting, controlling staff selection and training, and ensuring compliance with occupational health and safety, were considered consistent with the role of a Retail Manager. The court also noted that the nominating sponsor's business was registered, had an approved nomination, and the position remained available.

Consequently, the Tribunal's decision was remitted for reconsideration with a direction that the first applicant met the specified criteria for the visa.