Healthy Bay Pty Ltd (Migration)

Healthy Bay Pty Ltd sought judicial review of a decision made by the delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The delegate had refused to approve Healthy Bay's nomination of a position for a skilled migration visa, specifically a Customer Service Manager. The core of the dispute concerned whether the nominated position was a "genuine position" as required by the *Migration Regulations 1994* (Cth).

The primary legal issue before the Federal Court was whether the delegate erred in finding that the nominated position of Customer Service Manager was not a genuine position. This required the court to consider whether the duties and responsibilities of the nominated position, as described by Healthy Bay, substantially corresponded with the skills and qualifications typically associated with the occupation of a Customer Service Manager as defined by the relevant ANZSCO code.

Justice Julian-Armitage reasoned that the delegate had failed to adequately consider the evidence provided by Healthy Bay regarding the specific duties of the nominated role. The court found that the delegate's assessment had been too narrow and had not properly engaged with the evidence that demonstrated a sufficient alignment between the nominated position and the occupation of Customer Service Manager. Consequently, the delegate's decision was found to be affected by jurisdictional error. The court ordered that the delegate's decision be set aside and remitted to the delegate for redetermination according to law.