Wallan Auto Body & Towing Pty Ltd (Migration)

This matter concerned an application for approval of a nomination for a marketing specialist position under the short-term stream of the Temporary Skill Shortage (TSS) visa program. The applicant, Wallan Auto Body & Towing Pty Ltd, operated a car repair and towing service. The Tribunal was required to determine whether the nominated position was genuine and whether the proposed tasks of the marketing specialist were commensurate with the ANZSCO description for that occupation.

The Tribunal considered Regulation 2.72(10)(a) of the Migration Regulations 1994, which requires that the nominated position be genuine. This involves a qualitative assessment of the position and a comparison with the nominated occupation. The Tribunal found that while the proposed tasks of the marketing specialist, including liaison with insurance companies and community members, and social media engagement, were broadly consistent with the ANZSCO description, the actual tasks performed by the nominee were not commensurate. Specifically, the Tribunal noted that the business had experienced financial losses for two years, which cast doubt on the genuineness of a full-time marketing specialist role.

The Tribunal affirmed the decision to refuse the nomination. It concluded that the applicant had not satisfied the criteria for approval, as the actual duties of the nominated marketing specialist were not sufficiently aligned with the requirements of the occupation as defined by ANZSCO, particularly in light of the business's financial performance.