National Park Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a decision to refuse the nomination of a position by National Park Pty Ltd, trading as O’Reilly’s Rainforest Retreat, in favour of Ms Li Peng for the role of Gift Shop Manager or Retail Manager. The company, established in 1931 and operating a resort, vineyard, and associated retail operations, sought approval for the nomination under the Direct Entry stream of the Regional Sponsored Migration Scheme. The Managing Director represented the company at the hearing.

The primary legal issue before the Tribunal was whether the nominated position, as described by the tasks to be performed, corresponded to the duties outlined in the Australian and New Zealand Standard Classification of Occupations (ANZSCO) for a Gift Shop Manager or Retail Manager, and whether the applicant met the requirements of regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the role involved overarching responsibility for aspects such as product mix, stock levels, service standards, purchasing and marketing policies, pricing, promotion, record-keeping, budgeting, staff selection, training, supervision, and compliance with OH&S regulations, as required for the nominated occupation.

The Tribunal affirmed the decision to refuse the nomination, finding that the applicant had not satisfied the criteria under regulation 5.19(4). The reasoning focused on the assessment of the tasks associated with the nominated position against the defined duties for the occupation. The Tribunal concluded that the evidence presented did not demonstrate that the applicant met the requirements for approval under the Direct Entry nomination stream. Consequently, the nomination could not be approved, and the Tribunal affirmed the original decision.