RUNSMART CORPORATE PTY LTD (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered a decision by the Minister to refuse the nomination of Mr Sukhjit Singh Gill for the position of Customer Service Manager by RUNSMART CORPORATE PTY LTD. The applicant, RUNSMART CORPORATE PTY LTD, operates a wholesale branded clothing and promotional products business and employs approximately twelve staff.

The central legal issue before the Tribunal was whether the nominated position of Customer Service Manager was genuine, as required by regulation 2.72(10)(f) of the Migration Regulations 1994. This required the Tribunal to assess if the duties performed by the nominee corresponded with the description of a Customer Service Manager as outlined in the Australian and New Zealand Standard Classification of Occupations (ANZSCO).

The Tribunal found that the duties described by the applicant's representative, Mr Cheema, for the nominee did not align with the ANZSCO description of a Customer Service Manager. While the ANZSCO role involves developing customer relations policies, managing call centre operations, and providing direction to team members, the nominee's described duties focused on liaising with suppliers, managing stock orders, receiving and checking deliveries, processing and dispatching orders, and communicating stock availability to customers. The Tribunal concluded that these duties were more aligned with operational or stock management roles rather than the customer service management functions detailed in ANZSCO.

Consequently, the Tribunal affirmed the decision to refuse the nomination, finding that the applicant had not satisfied the criteria for approval of the nomination because the nominated position was not considered genuine according to the relevant ANZSCO classification.