Southland International group Pty Ltd (Migration)

This matter concerned an application by Southland International Group Pty Ltd for the approval of a nomination for a Subclass 457 visa. The applicant operates the Orange Chinese Cultural Centre in Orange, NSW, offering various cultural experiences. The business sought to nominate a Sales and Marketing Manager (ANZSCO 131112) for the position, with the owner and director, Mr Yulong Cui, being the proposed nominee. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination under regulation 2.72 of the Migration Regulations 1994.

The central legal issue was whether the nominated position of Sales and Marketing Manager was genuine and whether the duties outlined for the role were consistent with the ANZSCO description for that occupation. The applicant asserted that the position was unique and difficult to categorise, but provided evidence of business operations, including financial records and employment contracts. The nominated duties included determining market objectives, directing customer relationship management, developing business and capturing plans, organising local events, maximising sales potential, and promoting Chinese culture and martial arts.

The Tribunal affirmed the decision to refuse the nomination. It found that the duties described for the Sales and Marketing Manager position were not sufficiently consistent with the tasks typically associated with the ANZSCO 131112 classification. While acknowledging the business's operations and its need for marketing and sales activities, the Tribunal concluded that the nominated role, as presented, did not align with the established criteria for the occupation. Consequently, the applicant failed to satisfy the requirements for the approval of the nomination.