JC Management Australia Pty Ltd (Migration)

JC Management Australia Pty Ltd (the applicant) sought judicial review of a decision by the Minister for Immigration and Border Protection (the Minister) to refuse a Subclass 186 (Employer Nomination Scheme) visa. The applicant, a company operating a restaurant and bar, had nominated a position for a Customer Service Manager. The Minister had determined that the nominated position was not genuine, as required by section 140GB of the *Migration Act 1958* (Cth) and regulation 2.72, finding that the tasks described for the Customer Service Manager were not necessary for the applicant's business operations. The Administrative Appeals Tribunal had affirmed this refusal.

The primary legal issue before the Federal Circuit Court was whether the Tribunal had erred in law by finding that the nominated position of Customer Service Manager was not genuine. This required the court to consider whether the Tribunal had properly assessed the necessity of the role for the applicant's business operations, given the applicant's trading income and the described duties of the position.

The court reasoned that the Tribunal had correctly applied the legal principles governing the genuineness of a nominated position. It found that the Tribunal was entitled to consider the applicant's trading income and the nature of the business in determining whether the proposed role was genuinely needed. The Tribunal's analysis of the tasks, which included duties that could be performed by existing staff or were not essential to the core operations of a restaurant and bar, supported its conclusion that the position was not genuine. The court affirmed that the Tribunal's findings were open to it on the evidence before it and did not disclose an error of law.

The application for judicial review was dismissed.