最新的2个影响雇主担保申请的判决

In Nguyen and Vu Publishers Pty Ltd v Minister for Immigration and Anor [2013] FCCA 1697, the Court held that the task for the Tribunal is to determine whether the nominated occupation corresponds to an occupation in the applicable instrument, and that such a judgment must inevitably compare the real duties of the nominated position with that of a specified occupation. In addition the recent decision of the Federal Circuit Court, Cargo First P/L v MIBP [2015] FCCA 2091, the Court said that what is required by r.2.72(f) is a determination of not only whether or not the position in question is genuine in that it exists, but also whether it really is what it purports to be. The second part of the determination necessarily requires a qualitative analysis of the position and its comparison with the occupation which has been nominated by the sponsor, not simply a determination whether the duties relevant to the position include the majority of those referred to in the ANZSCO description.

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