Raheem Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by Raheem Pty Ltd for approval of a nomination for a retail manager position under the Direct Entry stream. The delegate had refused the nomination, finding that the nominee's duties more closely aligned with those of a supervisor rather than a retail manager as defined by ANZSCO code 1421111. The Tribunal reviewed documentary and oral evidence concerning the business operations, the nominee's qualifications and responsibilities, and the genuine need for the position.

The central legal issue before the Tribunal was whether the nominee's duties and responsibilities met the criteria for a retail manager under the relevant migration regulations, specifically regulation 5.19(4). This involved determining if the tasks performed corresponded to the ANZSCO definition of a retail manager, if there was a genuine need for the nominee in that role, and if the position could not be filled by a local Australian resident, particularly given the business's location in regional New South Wales. The Tribunal also considered requirements relating to the nominator's business operations, compliance with workplace laws, and the absence of adverse information.

The Tribunal reasoned that the evidence, including statements from the business owner and the nominee, demonstrated that the nominee was indeed organising and controlling the operations of the retail establishment, which extended beyond the supervisory duties of a retail supervisor. The Tribunal noted the business's investment, its location in a busy retail area, and the stated difficulties in finding suitable local candidates with managerial experience, attributing this to a general shortage of skilled workers in regional areas. The Tribunal found that the requirements of regulation 5.19(4)(h)(ii) were met, including the genuine need for the nominee, the inability to fill the position locally, and the correspondence of the tasks to the specified occupation.

Consequently, the Tribunal set aside the delegate's decision and substituted a decision approving the nomination.