Meeting the Genuine Need Requirement for Subclass 482 Nomination

When making decision for subclass 482 nominations, delegates of the Minster are equipped with a wide discretionary power, originating from reg 2.72(10), over determining the test of genuine need.

You may recall the case of CF (name redacted) which gives a significant authority over the genuineness test which tells us that in making an assessment of whether a nominated occupation is “genuine”, it is necessary for the decision-maker to conduct a “qualitative analysis” to assess whether the position actually exists, and whether it is “what it purports to be” – i.e. the tasks of the nominated position sufficiently correspond to the tasks of the occupation as described in the ANZSCO.

Now, our case of interest is M Pty Ltd (name redacted) which states that it is not good enough for the Tribunal simply identify the nominated occupation, and to make only a “passing reference” to the ANZSCO description.

Rather, it was held that the correct practice is for the delegate of the Minster or Tribunal member to carefully comprehend and compare step-by-step of the tasks of the nominated occupation with the description of the occupation in ANZSCO.

So, the bottom line is “was there a careful examination by the case officer for the assessment of whether the nominated position is genuine by the decision-maker” >> “if failed to engage in an active intellectual process” >> error

How Can We Help You

At Agape, we do a lot of work visas and come across that “genuine need” is one of the major reasons the case officer discretionarily uses in rejecting most nomination applications.

If you want to find out more and want to know about your eligibility, please do not hesitate to contact us. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling 02-7200 2700 or email us to book in a time at info@ahclawyers.com.

We speak fluent English, Korean, Mandarin, Cantonese, Indonesian, Burmese and Malay. If these aren’t your language, we can also help you arrange an interpreter.