Orange International College Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination for a Marketing Specialist position made by Orange International College Pty Ltd (the applicant) for Ms Amelia Tan. The core dispute revolved around whether the nominated position was genuine and met the requirements for approval under migration regulations. The applicant, a registered training organisation operating an educational institute for international students, had previously made a nomination for the same individual in a different occupation, which was unsuccessful.

The Tribunal was required to determine if the nominated Marketing Specialist position was genuine, considering the tasks involved, the applicant's business model, its growth, and the number of other employees performing similar duties. Specifically, the Tribunal had to assess whether the position's responsibilities aligned with the ANZSCO classification for a Marketing Specialist and whether the change in nominated occupation from a previous application was a genuine reflection of the business's needs or an attempt to circumvent regulatory changes. The Tribunal also had to consider various other regulatory requirements, including the applicant's status as a sponsor, the terms and conditions of employment, and labour market testing exemptions.

The Tribunal reasoned that while there was some commonality between the nominated occupation of Marketing Specialist and the previously nominated Technical Sales Representative, the duties outlined for the position, such as developing marketing strategies, managing brand guidelines, and creating engaging content for digital platforms, aligned with the ANZSCO description of a Marketing Specialist. It noted the applicant's significant business growth and current turnover, which supported the need for a dedicated Marketing Specialist. Furthermore, the Tribunal found that the nominated salary and terms of employment were no less favourable than those provided to an Australian equivalent and that the position met the criteria for exemption from labour market testing due to its skill level and the experience required.

Consequently, the Tribunal set aside the original decision not to approve the nomination. It substituted a new decision approving the nomination, finding that Orange International College Pty Ltd had met all applicable criteria for the nomination to be approved.