TOO EASY TRAVEL PTY LTD (Migration)

The Administrative Appeals Tribunal (AAT) considered a migration matter involving Too Easy Travel Pty Ltd. The dispute concerned the approval of a nomination for a visa, which the delegate had refused. The Tribunal was tasked with reviewing this refusal and determining whether the applicant met the criteria for approving the nomination.

The primary legal issue before the Tribunal was whether the nominated occupation, specifically ANZSCO code 639211 (Retail Buyer), accurately reflected the tasks to be undertaken by the nominee within the context of the applicant's business. This involved assessing whether the business operated in a frontline retail role or if the nominee's duties would involve regular direct client transactional interaction, as per the delegate's concerns. The Tribunal also had to consider the various regulatory requirements under section 140GB(2) and regulation 2.72 of the Migration Regulations 1994, including the applicant's status as an approved sponsor and the nature of the nominated position.

The Tribunal affirmed the delegate's decision to refuse the nomination. The reasoning centred on the delegate's finding that the business's staffing structure, comprising only two directors, suggested that the nominee would be performing frontline retail duties and direct client transactional interactions. This was considered inconsistent with the core duties of a Retail Buyer, as defined by the ANZSCO code. Despite the applicant providing financial information and evidence of operating for several years, the Tribunal found that the nature of the work to be performed by the nominee did not align with the nominated occupation, leading to the conclusion that the applicant had not satisfied the applicable criteria for nomination approval.

Consequently, the Tribunal affirmed the decision under review, meaning the nomination was not approved.