OZ STEELFIXING PTY LTD (Migration)

This matter concerned an appeal by OZ STEELFIXING PTY LTD (the applicant) against the decision to refuse the approval of a nominated position for a Subclass 457 visa. The applicant sought to nominate a Customer Service Manager. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the applicant met the criteria for the approval of the nomination under section 140GB(2) of the Migration Act 1958 and regulation 2.72 of the Migration Regulations 1994.

The Tribunal was required to consider whether the nominated occupation, 'Customer Service Manager' (ANZSCO Code 149212), met the specific exclusions and requirements introduced by IMMI 17/060, which applied to nominations made on or after 1 July 2010. These exclusions included limitations based on nominated salary, the nature of the business setting (front-line retail or direct client transactional interaction), and the business's annual turnover. The Tribunal also considered the applicant's request for an extension of time to provide further information, which was initially sought due to the representative's travel overseas.

The Tribunal found that it could not grant the requested extension as it exceeded the prescribed further period allowed under subregulation 4.18A(4) of the Migration Regulations 1994 and the principle that extensions can only be granted once, as established in *Yang v MIAC* [2010] FMCA 890. The Tribunal ultimately affirmed the decision to refuse the nomination, as it was not satisfied that the applicant had met the applicable criteria, particularly in light of the specific exclusions and requirements pertaining to the nominated occupation.