A successful review showed why the nominated accountant role was genuine, full-time and necessary for the business.

No Borders Migration Law recently achieved a positive Tribunal outcome for a growing electrical services business operating in the events and entertainment industry.

The business had nominated an employee for an Accountant (General) position under the Skills in Demand (subclass 482) visa program. The Department initially refused the nomination because it was not satisfied that the role properly matched the nominated occupation.

Following a detailed review application, careful preparation of the evidence and representation at the Tribunal hearing, the original decision was set aside.

The challenge

The Department accepted that the position existed. However, it questioned whether the employee's main duties and level of responsibility were consistent with the work normally performed by an Accountant (General).

Some of the duties involved budgeting, forecasting, payroll, cash-flow management and broader financial oversight. The Department considered that parts of the role appeared closer to bookkeeping or financial management than to the nominated accounting occupation.

For the employer, the refusal did not reflect how the role worked in practice. The business had expanded, its operations had become more complex, and it needed an in-house professional who understood its day-to-day finances. The employee's responsibilities had also developed as the needs of the business grew.

How our migration law team helped

Our team focused on helping the Tribunal understand how the position operated in practice. A job title or position description alone may not show the complete picture. It was important to demonstrate what the employee actually did, why the role was required and how it fitted within the company’s structure.

We presented evidence showing how the business had grown, why its financial operations had become more complex and how the employee’s responsibilities had developed to meet those changing needs. We also addressed the Department’s concerns about whether the position properly aligned with the occupation of Accountant (General).

The company’s representative and the nominated employee gave evidence at the hearing, helping the Tribunal understand the business’s day-to-day operations and why the position was genuinely needed.

Through careful preparation, strong legal submissions and representation at the Tribunal hearing, we demonstrated that the nominated position was genuine, full-time and appropriate for the business.

What the Tribunal found

The Tribunal accepted that the role had grown as the business expanded. It found that the duties were broadly consistent with the Accountant (General) occupation and that any additional tasks made sense when viewed in the context of the business's size, structure and staffing arrangements.

Importantly, the Tribunal also accepted that using an external accounting firm did not make the in-house accountant position unnecessary or artificial. The external firm dealt mainly with periodic and end-of-year work, while the employee handled the company's everyday financial requirements and provided information to management when it was needed.

The Tribunal was satisfied that the position was genuine and full-time and that it met the relevant nomination requirement.

The successful outcome

The Tribunal set aside the original refusal and returned the matter to the Department of Home Affairs for reconsideration. In doing so, it directed that the nomination must be treated as having met the genuine and full-time position requirement.

This was an important result for the employer. It removed the key issue that had led to the refusal and allowed the nomination process to move forward for reconsideration.

Why this case matters for sponsoring employers

Employer-sponsored visa applications are assessed on more than the wording of a position description. The Department may look closely at whether the role makes sense for the business, whether the employee is genuinely performing the nominated occupation and whether the evidence supports the duties claimed.

For growing businesses, roles often change over time. Employees may take on a mixture of responsibilities because of the size and structure of the organisation. This does not automatically mean a nominated position is not genuine, but the business must be able to clearly explain and document why the role is required.

Strong evidence, consistent information and an understanding of the relevant occupation requirements can make a significant difference, particularly where a nomination has already been refused.

Has your employer nomination been refused?

A refusal does not always mean the end of the process. Review rights are time-sensitive, and the best strategy will depend on the reasons for refusal, the available evidence and the circumstances of the business.

If your business has received an employer nomination refusal, speak with an experienced migration lawyer as soon as possible. NB Migration Law can assess the decision, explain the available options and help you prepare the strongest possible response.

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