Marketing Specialist Refused Because Of Genuine Position

Our client X came to us after her nomination for the occupation of Marketing Specialist was lodged and refused because it failed to meet the genuine position requirement.

A real estate agency initially employed X as an Executive Assistant. At the time she was on a subclass 417 Working Holiday Visa.
The agency quickly offered X a full-time position as Marketing Specialist. She held a bachelor’s degree and had some experience in marketing.

The reason noted in the nomination refusal decision record referred to the fact that there were only 3 employees. In particular, that the nominated position was not a genuine position.

In assessing all the information relevant to this decision, including documents provided by the applicant, while I am satisfied that the nominated position exists, I am not satisfied that it is what it purports to be – that is, I am not satisfied that the position nominated is a Marketing Specialist (ANZSCO code 225113), as per the ANZSCO description of this occupation.

Also this is because the size and/or turn-over of the business would not appear to support such a position. I have taken into account the additional information provided in support of the application, including the Business Activity Statements, but I am not satisfied that the sponsoring business would be in a position to support the nominated position, in addition to other staff already employed – as indicated in the business plan.

As a position in the nominated occupation of Marketing Specialist is not consistent with the nature of the business operated by the applicant, I do not consider the position associated with the nominated occupation to be genuine, and consequently the applicant does not satisfy paragraph 2.72(10)(f).

Action Taken in Response to Genuine Position Refusal for Marketing Specialist

My office re-lodged the Nomination with submissions. We included the fact that the business required a Marketing Specialist to help with business expansion. And the need for a manager to manage marketing strategies in a fast changing and competitive real estate market.

X also submitted examples of marketing research activities and several marketing proposals compiled by X.

The DIBP approved the second 457 Nomination Application for the occupation of Marketing Specialist.

CategoryCases, Uncategorized

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