Sunny Mann PTY LTD (Migration)

This matter concerned an appeal by Sunny Mann Pty Ltd against a decision to refuse the nomination of a position under the Direct Entry stream of the Regional Sponsored Migration Scheme. The company operates a Subway sandwich franchise in Lithgow, NSW, and sought to nominate Mr Simranjeet Singh for the role of Store Manager, described as an ANZSCO Retail Manager. The director, Mr Sunny Mann, stated he needed to transition to full-time work in the construction industry and could no longer manage the franchise, which was located 120 km from his Sydney residence.

The primary legal issue before the Tribunal was whether the nominated position of Store Manager met the requirements for approval under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the tasks of the nominated position corresponded with the ANZSCO description for a Retail Manager and if the franchisor's responsibilities, as outlined in the franchise agreement, aligned sufficiently with the overarching duties of such a role. The Tribunal also considered the genuine need for the position and whether the applicant had met the criteria for the Direct Entry nomination stream.

The Tribunal's reasoning focused on the terms of the franchise agreement between Sunny Mann Pty Ltd and Subway Systems Australia Pty Ltd. It found that many of the higher-level tasks typically associated with a Retail Manager, such as determining product mix, setting service standards, formulating marketing policies, and maintaining financial records, were retained by the franchisor. Consequently, the Tribunal concluded that the tasks of the nominated position did not sufficiently correspond to the ANZSCO description for a Retail Manager, with an alignment of only approximately 50%. The Tribunal also noted that the applicant had not sought to satisfy the criteria for the Temporary Residence Transition nomination stream.

Accordingly, the Tribunal affirmed the decision under review to refuse the nomination.