JD Management Services Pty Ltd ATF Burnell Trust (Migration)

The Administrative Appeals Tribunal considered a review application lodged by JD Management Services Pty Ltd ATF Burnell Trust concerning the approval of a nomination for the Temporary Residence Transition stream. The nomination was for the position of Accommodation and Hospitality Manager (ANZSCO 141999) for Mrs Kanchan Walia. The applicant, JD Management Services Pty Ltd, operates The Grand Apartments, managing both body corporate services and the provision of accommodation and hospitality services.

The central legal issue before the Tribunal was whether the nominated position of Guest Services Manager met the requirements for approval under regulation 5.19(3) of the Migration Regulations 1994. This required determining if the nominee's duties and tasks genuinely corresponded to the nominated occupation, considering the broad responsibilities outlined in ANZSCO for Accommodation and Hospitality Managers nec, which include organising and controlling the operations of establishments providing accommodation and hospitality services. The Tribunal also had to assess whether the applicant had demonstrated a genuine need for the employee in that role and whether the tasks performed by the nominee aligned with the occupation as described by ANZSCO, applying the principle of qualitative analysis established in cases such as *Cargo First Pty Ltd v Minister for Immigration BP* [2015] FCCA 2091.

The Tribunal reasoned that while ANZSCO 141999 provides broad responsibilities, the nominated position must genuinely align with these. It considered the amended Job Description provided by the applicant, noting variations from earlier versions. The Tribunal found that many of the tasks listed in the job description were undertaken by other staff, including a Building Manager, a receptionist, maintenance personnel, and contract cleaners. Crucially, the Tribunal determined that the nominee's role did not sufficiently demonstrate the organising and controlling of the overall operations of the establishment in the context of accommodation and hospitality services. Instead, the Tribunal concluded that the position aligned more closely with the role of a Head Housekeeper, and therefore, the nomination did not meet the required criteria.

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