L E DIAS ELECTRICAL CONTRACTING PTY LTD (Migration)

The Administrative Appeals Tribunal considered a decision to refuse the nomination of a position by L E DIAS ELECTRICAL CONTRACTING PTY LTD. The dispute concerned whether the nominated position, described as an Accountant (General), met the requirements for employer nomination under migration regulations. The applicant sought to have the nominated position approved for a visa applicant, Mr Padam Chhantyal, who would fill the role within the electrical contracting company.

The Tribunal was required to determine if the nominated position genuinely aligned with the duties of an Accountant (General) as defined by ANZSCO, and if the business had a genuine need for such a role. Specifically, the Tribunal had to assess whether the proposed duties, as outlined by the applicant, encompassed the full breadth of an accountant's responsibilities or if they were more akin to those of an accounting clerk or bookkeeper, which were not specified in the relevant instrument. The reliability and nature of the financial statements and business operations were also implicitly under review to ascertain the stability and genuine need for the nominated position.

The Tribunal affirmed the delegate's decision to refuse the nomination, finding that the applicant had not satisfied the criteria. While the company argued for the necessity of an in-house accountant due to substantial revenue growth and the need for strategic financial analysis, restructuring, and compliance, the Tribunal was not convinced. The Tribunal considered that the proposed duties, particularly the allocation of bookkeeping functions to an Administration Assistant, suggested that the nominated position might not undertake the full spectrum of an Accountant (General)'s tasks. The Tribunal concluded that it was not satisfied that the nominated position met the applicable criteria for approval.