Lucretia Lighting (Migration)

This matter concerned a review of a decision not to approve a nomination for a visa. The applicant, Lucretia Lighting, sought to nominate an individual for the occupation of 'Sales and Marketing Manager' (ANZSCO Code 131112). The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination under the Migration Regulations 1994.

The legal issues before the Tribunal were whether the nominated occupation, 'Sales and Marketing Manager', was specified in the relevant instrument (IMMI 17/060) and whether any applicable 'inapplicability conditions' or caveats associated with that occupation were met. The Tribunal also had to consider whether the applicant had complied with the prescribed nomination process and other regulatory requirements, such as being a standard business sponsor and identifying the nominee.

The Tribunal found that the applicant had met the procedural requirements for making the nomination, including being a standard business sponsor and correctly identifying the nominee. Crucially, regarding the nominated occupation, the Tribunal examined the 'inapplicability conditions' introduced by amendments to the 457 program concerning 'Sales and Marketing Manager'. These conditions related to salary thresholds, business turnover, and the nature of the work (e.g., not being in a front-line retail setting or predominantly involving direct client transactional interaction). Based on the evidence provided, including the employment contract, financial documents, and position description, the Tribunal was satisfied that the nominated position and salary met the requirements and that the 'inapplicability conditions' did not apply.

Consequently, the Tribunal set aside the original decision not to approve the nomination and substituted a decision approving the nomination.