M Cenfi & A.M Cenfi (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning the approval of a nomination for a corporate general manager position under the Direct Entry stream. The applicants, M. Cenfi and A.M. Cenfi, sought to have the original delegate's decision, which refused to approve the nomination, set aside. The core of the dispute centred on whether the nominated position's duties aligned with the ANZSCO description for a corporate general manager and whether the nominator's business structure and size were sufficient to warrant such a role.

The Tribunal was required to determine if the applicants met all the requirements for approval of the nomination as stipulated in regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether the tasks of the nominated position corresponded to those of a corporate general manager, whether there was a genuine need for the nominee in that capacity, and whether the nominator's business operations and compliance with workplace relations laws met the regulatory criteria. The delegate's decision had been based on the assertion that the nominator's businesses, described as a fish and chip shop, gelato premises, and another food shop, operating at the same location with limited staff, did not provide the scope for a corporate general manager.

In its reasoning, the Tribunal considered oral and documentary evidence, including financial statements and an organisational structure provided by the applicants. It noted that the nominator operated four businesses and had a total trading income of approximately $300,000 in the 2021 financial year. The Tribunal found that the tasks to be performed by the nominee would be performed in Australia and corresponded to the tasks of an occupation specified in the relevant legislative instrument. Furthermore, it was satisfied that there was a genuine need for the nominator to employ the individual as a paid employee under their direct control, and that the position could not be filled by a locally resident Australian citizen or permanent resident. The Tribunal also confirmed that the nominator had a satisfactory record of compliance with workplace relations laws and that no adverse information was known to the Department.

Consequently, the Tribunal set aside the delegate's decision and substituted it with a decision approving the nomination.