Hullies Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by Hullies Pty Ltd concerning the refusal of a nomination for a position under the Direct Entry nomination stream. The core of the dispute revolved around whether the nominated position of Retail Manager (General) met the requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994. The delegate had previously refused the nomination, finding that the tasks associated with the nominated position did not correspond to the tasks of an occupation specified by the Minister, as required by regulation 5.19(4)(h)(ii)(D).

The Tribunal was required to determine if Hullies Pty Ltd had satisfied the criteria for the approval of its nomination under the Direct Entry stream, specifically focusing on regulation 5.19(4)(h). This regulation outlines alternative requirements, including that the tasks of the nominated position must correspond to those of an occupation specified by the Minister. The Tribunal also considered whether the applicant had provided requested information regarding the roles and duties of the nominated position and its place within the business structure.

In its reasoning, the Tribunal noted that regulation 5.19(4)(h)(ii)(D) mandates that the tasks of the nominated position correspond to an occupation specified by the Minister. The applicant had nominated the position of Retail Manager (General) (ANZSCO 142111). Despite being invited to provide further information to substantiate the correspondence of the nominated tasks with the specified occupation, the applicant failed to respond. Consequently, the Tribunal was not satisfied that the applicant had met this crucial requirement, nor had they sought to satisfy the criteria under the Temporary Residence Transition Nomination stream.

The Tribunal affirmed the decision under review to refuse the nomination.