JL Investment Group Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by JL Investment Group Pty Ltd for approval of a nomination for a Temporary Residence Transition visa stream. The dispute centred on whether the nominated position of ANZSCO 221111 Accountant (General) met the requirements of Regulation 5.19(3) of the Migration Regulations 1994. The company, which imports and distributes furniture, sought to nominate Ms Chunjiao Ren for this position.

The primary legal issue before the Tribunal was to determine if the applicant company had satisfied all the requirements for the approval of the nomination under the Temporary Residence Transition stream. This involved assessing whether the nominated occupation corresponded to the duties performed by the nominee and whether the company met its obligations as a nominator, including its operational status and compliance with employment and training commitments. The Tribunal also considered the structure of the company and the reporting lines within its organisation chart.

The Tribunal's reasoning focused on Regulation 5.19(3), which outlines the criteria for approving a nomination. It was found that the tasks described in the position description and the organisational chart did not align with the standard duties of an Accountant (General) as defined by ANZSCO. Specifically, the nominee's position had no reporting staff and no one reporting to them, suggesting a role that was not consistent with the typical responsibilities of an accountant within a business of that size. The Tribunal concluded that the applicant had not demonstrated that the nominated position's duties corresponded to the ANZSCO occupation code.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination. As the applicant had not satisfied the requirements of Regulation 5.19(3), the nomination could not be approved.