Pacific Group Tours Pty Ltd (Migration)

This matter concerned an appeal by Pacific Group Tours Pty Ltd against a decision to refuse a nomination for a Subclass 457 visa. The nominated occupation was Transport Company Manager (ANZSCO code 149413), with the position stated to be Bus Rental Manager. The nominee, Mr Yaxuan Zhao, was reportedly employed in this role since July 2016 on a salary of $60,000 per year. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination, specifically whether the nominated position was genuine and aligned with the ANZSCO description.

The core legal issue was whether the nominated position of Bus Rental Manager was genuine and consistent with the requirements of a Transport Company Manager as defined by ANZSCO, and whether the applicant had provided sufficient evidence to support these claims. The delegate had raised concerns that the nominee's duties did not align with the nominated occupation, particularly given the applicant's business as a Melbourne-based travel agency offering tour and bus rental services. The delegate noted that while the business had expanded its bus fleet, there was a lack of independently verifiable evidence to support the nominee's claimed responsibilities in organising and controlling business operations, or to substantiate the claim that the position filled an existing and continuing need due to business growth.

The Tribunal affirmed the decision to refuse the nomination, finding that the applicant had not sufficiently demonstrated that the nominated position aligned with the ANZSCO occupation of Transport Company Manager. The Tribunal was not satisfied that the proposed tasks of the nominee would regularly be performed to the breadth required by the ANZSCO description, nor that the proposed activities were consistent with the nature of the business. The lack of independently verifiable evidence to support the claims regarding the nominee's role and the business's growth was a significant factor in this determination. The Tribunal concluded that the applicant had not met the applicable criteria for the nomination to be approved.