SDC CLEANING SERVICES PTY LTD (Migration)

The Administrative Appeals Tribunal considered a case involving SDC Cleaning Services Pty Ltd and a decision not to approve a nomination for a visa. The dispute centred on whether the nominated position of Contract Administrator was genuine, as required by migration regulations.

The Tribunal was tasked with determining if the applicant met the criteria for approval of the nomination, specifically whether the nominated position was genuine under regulation 2.72(10)(f) of the Migration Regulations 1994. This required a qualitative assessment of the nominated position and a comparison with the occupation as defined in the Australian and New Zealand Standard Classification of Occupations (ANZSCO).

The Tribunal affirmed the decision not to approve the nomination. It found that while the applicant provided examples of contracts, these appeared to be pro-forma arrangements used by SDC Cleaning Services Pty Ltd and SDC Payroll Services Pty Ltd. The Tribunal considered these contractual arrangements incongruent with the business requirements for a Contract Administrator role as defined by ANZSCO. Furthermore, the applicant did not provide contemporary evidence when invited by the Tribunal to demonstrate the genuineness of the position. On balance, the Tribunal was not satisfied that the position was genuine, and therefore, the requirements of regulation 2.72(10)(f) were not met.