TYRE EMPIRE PTY LTD ATF SHABNAM SHARIFI MOGHADDAM FAMILY TRUST (Migration)

This matter concerned an appeal by Tyre Empire Pty Ltd ATF Shabnam Sharifi Moghadam Family Trust against a decision not to approve its nomination for a Subclass 457 visa. The dispute centred on whether the nominated position of Customer Service Manager was genuine and whether the terms and conditions of employment offered were no less favourable than those provided to Australian citizens or permanent residents performing equivalent work. The case was heard by Alan McMurran, a Member of the Tribunal.

The Tribunal was required to determine if the nominated position of Customer Service Manager was genuine, considering the sponsor's business operations and the duties outlined for the role. Additionally, the Tribunal had to assess whether the proposed employment terms and conditions for the nominee were at least as favourable as those offered to local workers in equivalent positions, and whether the base rate of pay met the temporary skilled migration income threshold. The Tribunal also considered whether the duties described for the Customer Service Manager role were consistent with the ANZSCO classification for that occupation.

The Tribunal affirmed the decision not to approve the nomination. It found that the evidence presented did not sufficiently demonstrate that the nominated position was genuine, particularly in light of the business's current financial position, lack of a formal budget or financial plan, and the limited number of existing employees. Furthermore, the Tribunal was not satisfied that the duties described for the Customer Service Manager were consistent with the ANZSCO guidelines for that occupation. The Tribunal concluded that the applicant had not met the applicable criteria for the nomination to be approved.