HN Auto Group PTY LTD ATF HN Family Trust (Migration)

The Administrative Appeals Tribunal (Cth) considered a dispute concerning the nomination of a position for a visa under the Direct Entry stream. The applicant, HN Auto Group PTY LTD ATF HN Family Trust, sought approval for the nomination of Mr. Lu as a Procurement Manager. The core of the dispute revolved around whether the nominated position and the applicant's business met the requirements stipulated by the Migration Regulations 1994.

The Tribunal was required to determine if the tasks associated with the nominated position genuinely corresponded to the occupation of a Supply, Distribution and Procurement Manager as defined by the relevant legislative instrument. Furthermore, the Tribunal had to assess whether the applicant's business demonstrated a genuine need for the position and if the proposed employee's duties aligned with the specified occupation, particularly in the context of the business's size and operational capacity. The Tribunal also considered the alternative requirements for nominations located in regional Australia.

The Tribunal's reasoning focused on Regulation 5.19(4) of the Migration Regulations 1994, which outlines the criteria for approving employer nominations. It examined the described tasks of the procurement officer and compared them to the duties of a Supply, Distribution and Procurement Manager as per ANZSCO. The Tribunal found that while the applicant operated two businesses, the financial records made it difficult to ascertain the precise scale of the motor vehicle vinyl wrapping business. Despite the applicant describing it as medium, the Tribunal accepted it as a small business. The Tribunal concluded that the applicant had not satisfied the requirements of Regulation 5.19(4), specifically regarding the genuine need for the position and the correspondence of tasks to the nominated occupation, and therefore affirmed the decision to refuse the nomination.