Under a Subclass 457 Temporary Work (Skilled) visa nomination application (457 Nomination), one of the multiple criterion for approval of a 457 Nomination is that the position nominated in the 457 Nomination is a genuine position within the nominator’s business.
The Department of Immigration and Border Protection (DIBP) generally takes a sceptical view of any 457 Nomination where the occupation of Customer Service Manager is the nominated position. This view is reinforced by DIBP policy which specifically cautions decision makers that Customer Service Manager 457 Nominations (CSM 457 Nomination) should not be approved in certain circumstances. As a result, it may be quite difficult for CSM 457 Nominations to be approved.
This month Equitas Lawyers represented a client at the Administrative Appeals Tribunal (Migration division) (AAT) in relation to their client’s application for review of a CSM 457 Nomination that had been refused because DIBP was not satisfied that the duties of the nominated position of Customer Service Manager aligned to the duties of a Customer Service Manager under the Australian and New Zealand Standard Classification of Occupations (ANZSCO).
The basis of DIBP’s decision to refuse that CSM 457 Nomination was that this particular position had no responsibility for developing and reviewing customer service policies (as per ANZSCO) and that the duties of the position did not involve ‘high-level executive’ decision making.
At AAT, Equitas Lawyers presented successful arguments on behalf of our client regarding the genuineness of the Customer Service Manager position within their business, the primary argument being that the particular circumstances of the business justified a Customer Service Manager being employed.
We are very pleased to report that we had a favourable decision from AAT with the Tribunal Member deciding to set aside DIBP’s decision not to approve our client’s CSM 457 Nomination, and substituting a decision that our client’s CSM 457 Nomination was approved.
Do you need assistance with a migration application or representation at AAT? Would you like to make an appointment to discuss your migration matter? If so, talk to Crawford Yorke (Lawyer and Registered Migration Agent) or Mayo Tuohy (Registered Migration Agent) on (08) 9228 2881
or by emailing crawford@equitaslawyers.com.au or mayo@equitaslawyers.com.au.
