Hush Holdings (Aust) Pty Ltd (Migration)

This matter concerned an appeal by Hush Holdings (Aust) Pty Ltd against the decision to refuse its employer nomination for a position. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the requirements for approval of the nomination under the Direct Entry nomination stream as set out in regulation 5.19(4) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant had demonstrated a genuine need for the nominated position of Sales and Marketing Manager, and whether the proposed duties corresponded to the tasks outlined in the relevant ANZSCO occupation classification. This involved assessing whether the applicant had provided sufficient evidence to establish that the role was essential for expanding into the Chinese market, particularly given that an existing Sales and Marketing Manager already covered Australian and European markets. The Tribunal also considered the applicant's submitted organisation chart, position description, and employment contract in light of the requirements of regulation 5.19(4)(h).

The Tribunal found that the applicant had not satisfied the requirements of regulation 5.19(4)(h). While the applicant sought to establish a need for a Mandarin-speaking Sales and Marketing Manager for the Chinese market, the Tribunal was not satisfied that this constituted a genuine need. This was primarily due to a lack of evidence detailing the extent of the existing manager's responsibilities for Chinese sales, or explaining why the role had become too demanding for one person. Furthermore, the Tribunal concluded that the duties outlined in the applicant's position description were aspirational rather than reflective of the managerial tasks described in the ANZSCO classification, particularly the requirement for the position to direct employees in implementing sales and marketing strategies, a function for which no supporting staff were identified.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination.