Built on Real Work, Backed by the Right Decision

The Dream

A construction business known in high-quality steel fixing had built a strong reputation delivering
reinforcement works across commercial and domestic projects. Its operations involved coordinating
subcontractors, managing variations, overseeing progress claims and ensuring compliance across
multiple concurrent projects. At the centre of this activity was a Contract Administrator who had been
working with the business for several years, first part time and later full time.
When the company nominated him for a Subclass 482 Temporary Skill Shortage visa as a Contract
Administrator, the goal was continuity. The business needed a dedicated professional to manage
contracts, negotiate terms, oversee compliance and ensure projects ran efficiently.

The Problem

The nomination was refused. The Department was not satisfied that the position associated with the
nominated occupation was genuine. Despite financial statements showing annual sales exceeding $2.2
million and evidence of ongoing projects and supplier agreements, the genuineness of the role was
questioned.
The refusal created uncertainty for the business and the nominee. The role was not theoretical. It involved
administering and managing contracts, reviewing variations, coordinating with architects and engineers,
monitoring quality and timelines and ensuring subcontractors met contractual obligations. Without
approval, the stability of this function was at risk.

The Solution

The matter was taken to the Tribunal. The business director gave oral evidence detailing the nature of the
steel fixing works and the need for structured contract management. Documentation was provided
including company financial statements, tax returns, service agreements, invoices and organisational
details.
The Tribunal examined the duties of the nominated position and compared them with the ANZSCO
description for Contract Administrator. The role included negotiating and reviewing contracts, managing
documentation, overseeing compliance, monitoring performance and reporting to senior management.
The Tribunal was satisfied that these duties aligned substantially with ANZSCO 511111.
The evidence also showed that the nominee had worked with the business since 2017, transitioning from
part time engagement to full time work. The Tribunal accepted that the move from contractor to employee
was a commercial decision and not evidence of a contrived role.

The Victory

The Tribunal was satisfied that the position associated with the nominated occupation was genuine. It set
aside the refusal and remitted the matter for reconsideration with the order that the nomination meets the
prescribed criteria.
Their Words
“We knew this role was essential to how our projects are delivered. The Tribunal looked at the evidence
and recognised that.”

If you are in a similar situation, or know someone who may require professional assistance with a visa
nomination, skills assessment, or Tribunal review matter, we encourage you to seek tailored advice.

You may contact Solve Migration for a confidential consultation:
Book a Consultation: https://solvemigration.com/book-an-appointment/
Email: ask@solvemigration.com
Our team can assess your circumstances, identify available pathways, and guide you through each stage
of the process with clear and practical advice.