When a Regional Business Backed Its Manager, and the Tribunal Agreed

The Dream

A regional news agency operating in the Australian Capital Territory had been serving its local community
for years. The business required steady leadership to manage staff, oversee inventory, supervise daily
operations and ensure the store remained commercially viable. A Retail Manager had been employed full
time since 2017, taking responsibility for day-to-day management while the director focused on other
business interests.
To secure long-term stability, the business lodged a Direct Entry nomination for the occupation of Retail
Manager (ANZSCO 142111). The goal was continuity. The role was already embedded in operations and
central to the store’s performance.

The Problem

The nomination was refused. The Department concluded that the tasks of the nominated position did not
correspond to those of the ANZSCO occupation of Retail Manager. Instead, it formed the view that the
duties were more consistent with a Retail Supervisor role.
This finding placed the business and the nominee in uncertainty, despite the nominee having performed
management-level responsibilities for several years. The refusal questioned whether the tasks genuinely
aligned with the specified occupation.

The Solution

The matter was taken to the Tribunal. The review considered whether the nomination satisfied regulation
of the Migration Regulations under the Direct Entry stream.
Evidence was provided demonstrating that the business was actively and lawfully operating in Australia,
trading profitably and complying with workplace relations laws. An employment contract confirmed full-
time employment for at least two years at an annual salary of $90,480 excluding superannuation.
Financial statements supported the business’s capacity to maintain that salary.
The Tribunal also examined detailed evidence about the nominee’s duties. Oral evidence from the
director and the nominee clarified that the Retail Manager controlled staffing decisions, determined
salaries, managed stock procurement, supervised employees and oversaw all daily operations.
Certification from a Regional Certifying Body confirmed the position could not be filled by a locally
resident Australian citizen or permanent resident and that the employment terms were appropriate.
After comparing the tasks performed with ANZSCO 142111, the Tribunal was satisfied that the majority of
duties corresponded with those of a Retail Manager.

The Victory

The Tribunal found that all requirements under regulation were met. It set aside the refusal and
substituted a decision approving the nomination.
Their Words
“We knew the role reflected real management responsibility. The Tribunal looked at the evidence and
recognised the work that had been done.”
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.