Wei Wah International Trading Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by Wei Wah International Trading Pty Ltd concerning the refusal of a nomination application for a Sales and Marketing Manager position under the Direct Entry stream of the Employer Nomination Scheme. The Department of Home Affairs had refused the nomination on the grounds that the employer had not demonstrated a genuine need for the position, nor that the duties of the nominated position corresponded with those outlined in the Australian and New Zealand Standard Classification of Occupations (ANZSCO).

The Tribunal was required to determine whether the nominated position of Sales and Marketing Manager was genuinely needed by Wei Wah International Trading Pty Ltd, and whether the duties to be performed by the proposed employee corresponded with the ANZSCO description for that occupation. The core of the dispute lay in the employer's ability to satisfy the Department's requirements regarding the genuineness of the need for the position and the alignment of the proposed duties with the relevant ANZSCO code.

In its reasoning, the Tribunal analysed the evidence presented by Wei Wah International Trading Pty Ltd concerning its business operations and the specific role of the Sales and Marketing Manager. The Tribunal found that the employer had provided sufficient evidence to establish a genuine need for the position, detailing the company's expansion plans and the necessity of a dedicated sales and marketing function to achieve its business objectives. Furthermore, the Tribunal was satisfied that the duties described for the nominated position substantially corresponded with the ANZSCO guidelines for a Sales and Marketing Manager, encompassing responsibilities such as developing and implementing marketing strategies, managing sales teams, and conducting market research. Consequently, the Tribunal set aside the Department's decision and substituted it with a decision to approve the nomination.