Sarab Trading International Pty Ltd (Migration)

Sarab Trading International Pty Ltd sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse approval of a nominated position for a visa application. The applicant, Sarab Trading International Pty Ltd, was the employer and the nominee was to fill the role of Specialist Manager.

The primary legal issue before the court was whether the nominated position of Specialist Manager was a genuine position that genuinely required a person to be employed in that role. Specifically, the court had to consider whether the applicant, as the owner and sole director of the wholesale export company, had established a genuine need for a Specialist Manager, or if the role was effectively a self-sponsorship arrangement where the nominee's duties were more appropriately aligned with the occupation of an importer or exporter.

Justice Synon reasoned that the tasks described for the nominated Specialist Manager role did not align with the typical duties of such a position. Instead, the court found that the responsibilities outlined were more characteristic of an importer or exporter, particularly given the applicant's established wholesale export business. The court concluded that the nominated position was not genuine in the context of the applicant's business operations, and therefore, the decision to refuse approval of the nominated position was affirmed.