WONG LEE PTY LTD (Migration)

This matter concerned an application by Wong Lee Pty Ltd for approval of a nomination under the Temporary Residence Transition stream of the Employer Nomination Scheme (Subclass 186 visa). The company sought to nominate Mr Ashneel Kant Singh for the position of Customer Service Manager. The decision under review was a refusal of this nomination.

The primary legal issue before the Tribunal was whether the applicant, Wong Lee Pty Ltd, met the requirements for approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the nominated occupation corresponded with the duties performed by the nominee and if the business met the financial viability and operational requirements.

The Tribunal considered the evidence presented, including statements from a director of the company regarding its operations, history, and recent sale. The Tribunal noted that the nominated occupation, ANZSCO 149212 Customer Service Manager, only corresponded with approximately 53% of the tasks described for the position. Furthermore, the Tribunal indicated it might rely on information regarding financial viability and potential underpayment of the nominee as reasons for affirming the decision. The Tribunal applied regulation 5.19(3), which requires all criteria to be met for a nomination to be approved, and found that the applicant had not satisfied these requirements.

The Tribunal affirmed the decision under review to refuse the nomination.