MARYS GROUP AUSTRALIA PTY LTD (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an application for approval of an employer nomination for the position of Hotel Manager. The applicant, Marys Group Australia Pty Ltd, trading as the Landsdowne Pub, sought to nominate an individual for a Subclass 457 visa. The core dispute revolved around whether the nominated position and the nominee met the relevant criteria under the Migration Regulations 1994 and the Migration Act 1958.

The Tribunal was required to determine if the applicant was an approved sponsor and satisfied the requirements of regulation 2.72, including whether the nominated occupation corresponded to a specified occupation, if labour market testing had been adequately conducted, and if the nominee's experience and the tasks of the role aligned with the ANZSCO classification for Hotel Manager. Additionally, the Tribunal considered whether there was any adverse information known about the applicant or associated persons, and if the nominated position was genuine.

In its reasoning, the Tribunal examined the evidence provided by the applicant, including financial statements, organisational structure details, and the nominee's employment contract and duties. It noted that the company operated a substantial pub and motel business employing over 160 people and that the nominee had been in the role of Hotel Manager since 2017, reporting to directors and an operations manager. The Tribunal found that the nominee's duties, as described and supported by documentation, substantially aligned with the ANZSCO description for Hotel Manager. Furthermore, the Tribunal was satisfied that labour market testing had been undertaken, with advertisements placed online and limited suitable local candidates identified, alongside the nominee's specific experience with the business. The Tribunal also found no adverse information concerning the applicant or associated persons and concluded that the nominated position was genuine.

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