Idea Labs Australia Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a case involving Idea Labs Australia Pty Ltd, the applicant, and the delegate of the Minister for Immigration, the respondent. The dispute concerned the approval of a nominated position for a Sales and Marketing Manager under migration regulations. The Tribunal was tasked with determining whether the applicant met the criteria for the nomination to be approved, specifically focusing on whether the nominated position was genuine.

The primary legal issue before the Tribunal was whether the nominated position of Sales and Marketing Manager was genuine, as required by regulation 2.72(10)(f) of the Migration Regulations 1994. This involved assessing whether the tasks of the position were commensurate with the occupation as defined in the Australian and New Zealand Standard Classification of Occupations (ANZSCO), whether the position was consistent with the nature of the applicant's business, and whether the position was created solely to facilitate a migration outcome for the nominee.

The Tribunal affirmed the delegate's decision not to approve the nomination. It applied the principle established in *Cargo First Pty Ltd v MIBP* [2016] FCA 30, which permits a qualitative assessment of the nominated position against the relevant occupation classification. The Tribunal found that the tasks of the position did not align with the ANZSCO description for a Sales and Marketing Manager. Furthermore, it noted that the nominee for the position was also the director of the applicant company, and that the applicant had failed to provide further evidence when requested by both the Department and the Tribunal to demonstrate the genuineness of the position. Consequently, the Tribunal was not satisfied that the position was genuine, nor that it was created for reasons other than to secure a migration outcome for the nominee, and therefore the criteria under regulation 2.72(10)(f) were not met.