Mamani Navroz (Migration)

The Administrative Appeals Tribunal (Cth) considered an application by Mamani Navroz concerning the refusal of a nomination for a position under the Direct Entry stream of the employer nomination scheme. The applicant sought to have the decision under review set aside.

The Tribunal was required to determine whether the nominated position met the criteria set out in regulation 5.19(4) of the Migration Regulations 1994. Specifically, the court needed to assess whether there was a genuine need for an employee in the nominated position, whether the position was under the nominator's direct control, whether reasonable steps had been taken to find an Australian citizen or permanent resident for the role, and whether the tasks of the position corresponded with the relevant ANZSCO occupation.

The Tribunal found that the applicant had not demonstrated a genuine need for a manager on-site, particularly as the business operated successfully without one and the applicant desired the business to be autonomous. Furthermore, the tasks associated with the nominated position did not align with the relevant ANZSCO classification. The Tribunal also noted that the applicant was required to retain the manager role under a franchise agreement, which suggested the position was not genuinely available for an external employee. Consequently, the Tribunal was not satisfied that the requirements of regulation 5.19(4) had been met.

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