Sugran Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an appeal by Sugran Pty Ltd concerning the refusal of a nomination for a retail manager position under the Direct Entry stream. The dispute centred on whether the nominator, a Caltex franchised petrol station and convenience store, had a genuine need to employ a paid retail manager and whether the nominated position itself was genuine.

The primary legal issue before the Tribunal was to determine if the applicant met all the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether there was a genuine need for the position, as stipulated by regulation 5.19(4)(h)(ii)(B), and whether the nominator had provided sufficient evidence to support the genuineness of the position and the work undertaken by the nominee.

The Tribunal affirmed the decision to refuse the nomination, finding that the applicant had not sufficiently demonstrated a genuine need for the retail manager position. While the business operated 24/7 and had undergone refurbishment, the Tribunal noted a significant gap in advertising for the role after an initial advertisement in September 2015 yielded no suitable candidates. The applicant's explanation that focus shifted to reopening the business was not considered sufficient to overcome the lack of ongoing advertising, leading the Tribunal to question the genuineness of the position. Furthermore, the applicant failed to provide documentary evidence such as resumes, interview notes, or reasons for the unsuitability of candidates from the initial advertisement, which further weakened their case.