Case Background

The applicant had previously applied for a subclass 457 visa with the nominated position being a sales and marketing manager. The application had been refused based on lack of supporting evidence provided at the nomination stages. The applicant had lodged for an AAT application and approached Johninfo for assistance.

We have assessed the case and identified potential risk factors including:

The company employ less than 4 people and the annual payroll is less than 150,000.

The applicant is the owner of the nominating business, and it is a retail shop that specializes in selling a wide range of Australian or New Zealand produced products.

During the AAT waiting stages of the application, the nominator had not kept up with the training payments.

Case Deliberations

Training payments can be paid via Training Benchmark A to compensate for the years missed.

The business is quite newly established, and the number of employees can be expanded when the business shows greater potentials of growth.

As for the genuine position assessment, the nature role of a sales and market manager do not conflict with having ownership at the business. The need for a sales and marketing manager can be justified by details of her work activities and how these activities contribute to the overall income of the business. Aside from the retailing activities, the applicant has expanded her sale platforms to online shopping and has liaised with wholesalers. The business’ future growth is dependent on having a competent sales and marketing manager.

Case Outcome

The AAT has set aside the department’s decision and approved the nomination application accordingly.